Colorado Motion for Change of Venue - incorrect court district
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How to fill out Motion For Change Of Venue - Incorrect Court District?
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FAQ
A change of venue request because venue is improper means that the removing defendant believes that the case may not be in that venue because it is improper under procedural rules.
Usually, venue is in the county where: The person you are suing lives or does business (if you are suing a business or organization); or. The dispute arose, like where an accident happened, or where a contract was entered into or broken.
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.
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).
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.
Change Of Venue. 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."
A defendant or court official can file a petition for a change of venue if it is believed that a defendant cannot receive a fair trial in a given county for reasons such as: Pretrial publicity: Media coverage of criminal trials has the power to impact a defendant's Sixth Amendment right to an impartial jury.
A suitable court site should be able to handle news media, staffing needs, and security requirements related to the defendant or others (for instance, victim groups or gangs). Demographic characteristics may also be an important consideration.