Motion Change Venue Purchase With Motion
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).
While jurisdiction says in what state and what court you file your lawsuit, ?venue? is the county where you file your action.
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.
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.
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.