North Carolina Motion to Change Jurisdiction — Venue A North Carolina Motion to Change Jurisdiction — Venue is a legal document filed by a party involved in a lawsuit, requesting that the court change the current jurisdiction or venue where the case is being heard. This motion is typically filed when the party believes that the current jurisdiction or venue is not appropriate or convenient for various reasons. Reasons to File a North Carolina Motion to Change Jurisdiction — Venue: 1. Convenience: The party may argue that the current jurisdiction or venue is not convenient for all parties involved or that it imposes an undue burden on them. This could be due to distance, travel expenses, or related circumstances. 2. Bias or Prejudice: The party may contend that the current jurisdiction or venue is biased or prejudiced against them, making it difficult to receive a fair trial. They may present evidence to support their claim, such as past rulings or public sentiment. 3. Inconvenience to Witnesses: If a significant number of witnesses crucial to the case are located in a different jurisdiction or venue, the party may request a change in jurisdiction to ensure their presence and testimony. 4. Conflict of Interest: The party may argue that there is a conflict of interest in the current jurisdiction that could potentially affect the fairness of the trial. They may provide evidence of relationships, associations, or other factors that could compromise the objectivity of the court. Types of North Carolina Motion to Change Jurisdiction — Venue: 1. Motion to Transfer Venue: In this type of motion, the party requests a transfer of the case to another county within North Carolina, arguing that it would be more convenient or appropriate for the proceedings to take place there. 2. Motion to Change Jurisdiction: This type of motion requests a change of jurisdiction, typically from one state to another. The party argues that the case should be heard in a different jurisdiction due to factors such as residence of the parties or location of key evidence or witnesses. 3. Motion for Forum Non-Convenient: This type of motion asserts that the current jurisdiction is not the most appropriate or convenient forum to hear the case. The party may argue that a different jurisdiction, either within or outside North Carolina, would be more suitable based on factors like access to evidence, location of witnesses, and overall fairness. In conclusion, a North Carolina Motion to Change Jurisdiction — Venue is a legal document filed to request a change in the jurisdiction or venue of a lawsuit. The motion can be based on convenience, bias, inconvenience to witnesses, or conflict of interest. The types of motions include a Motion to Transfer Venue, Motion to Change Jurisdiction, and Motion for Forum Non-Convenient.
North Carolina Motion to Change Jurisdiction - Venue
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Motion for Change of Venue ? may be made for various reasons including pre-trial publicity. If the local news has covered the case a great deal, it may be necessary to move the trial to another venue to protect the defendant's right to 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 motion to transfer venue can prove to be an invaluable device that allows the court to move the case off its docket without effectuating a complete dismissal. While it is not the grand slam win of a dismissal for defendants, it can be a worthy Plan B to defending a case in an out-of-state forum.
The 1995 double murder criminal trial of O.J. Simpson for the 1994 murders of Nicole Brown Simpson and Ronald Goldman, in which the court granted a change of venue, and ordered the case to be moved from Santa Monica to downtown Los Angeles.
Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.
Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.
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.
The court may change the place of trial in the following cases: (1) When the county designated for that purpose is not the proper one. (2) When the convenience of witnesses and the ends of justice would be promoted by the change. (3) When the judge has, at any time, been interested as party or counsel.