Motion Change Venue Purchase With Court
Description
How to fill out Motion For Change Of Venue - Incorrect Court District?
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FAQ
Section 1404(a) of Title 28 provides that: "for the convenience of parties and witnesses, in the interest of justice, a district may transfer any civil action to any other district where it might have been brought." Any party, including plaintiff, may move for a transfer under 28 U.S.C. § 1404(a).
When a Motion for Change of Venue is filed in a criminal case, it means either the prosecution or the defense is asking the judge to move the upcoming trial to a different place.
While jurisdiction says in what state and what court you file your lawsuit, ?venue? is the county where you file your action.
To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial. That reasonable likelihood is usually due to pretrial publicity, but it could have to do with some other event making it almost impossible to find an impartial jury.
Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.