Illinois Change of Venue

State:
Illinois
Control #:
IL-SKU-0892
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PDF
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Description

Change Of Venue

Illinois Change of Venue, also known as a change of jurisdiction, is a legal procedure in which a civil or criminal case is moved from one court to another. This is often done when it is believed that the court in the original jurisdiction is unable to provide a fair and impartial trial. There are three types of Illinois Change of Venue: Regular Change of Venue, Special Change of Venue, and Change of Venue for Cause. Regular Change of Venue is a request for the case to be moved to another court by the judge of the original court or with the consent of both parties. Special Change of Venue is a request for the case to be moved to another court due to compelling reasons, such as extreme media attention. Change of Venue for Cause is a request to move the case to another court due to a claim of bias or partiality by the court in the original jurisdiction. All three of these types of Illinois Change of Venue must be approved by a judge before they can take effect.

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FAQ

2-1009. Voluntary dismissal. (a) The plaintiff may, at any time before trial or hearing begins, upon notice to each party who has appeared or each such party's attorney, and upon payment of costs, dismiss his or her action or any part thereof as to any defendant, without prejudice, by order filed in the cause.

Venue is proper in any county where any properly named defendant resides, or where the transaction giving rise to the cause of action occurred. Illinois corporations are considered residents of any county in which they have an office or are doing business.

Venue. The proceedings shall be had in the county where the plaintiff or defendant resides, except as otherwise provided herein, but process may be directed to any county in the State. Objection to venue is barred if not made within such time as the defendant's response is due.

2-1005. Summary judgments. (a) For plaintiff. Any time after the opposite party has appeared or after the time within which he or she is required to appear has expired, a plaintiff may move with or without supporting affidavits for a summary judgment in his or her favor for all or any part of the relief sought.

Section 735 ILCS 5/2-1001.5 - Change of venue (a) A change of venue in any civil action may be had when the court determines that any party may not receive a fair trial in the court in which the action is pending because the inhabitants of the county are prejudiced against the party, or his or her attorney, or the

Venue rules govern where, within a state, an action may be heard. Forum non conveniens, a related concept, allows a court to refuse to hear a case if there is a more appropriate forum in which the case could and should be heard.

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Illinois Change of Venue