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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).
A motion for change of venue for improper venue must be filed PRIOR to filing an answer in the case, or venue is waived. A motion for Change of Venue is filed to allege that the lawsuit has been filed in the wrong precinct. However, venue may be proper in more than one justice precinct.
A court should grant a motion to change the venue of a criminal trial when there is a reasonable likelihood that the defendant cannot obtain a fair trial in the original county. Any doubt about whether he can obtain a fair trial should be resolved in favor of changing the venue.
See Texas Rule of Civil Procedure, Rule 87. Write the date and time of the hearing on the Motion to Transfer Venue and Notice of Hearing form. Fill out this form completely in blue or black ink (except for the judge's signature). You will ask the judge to sign this form to grant the motion and transfer your case.
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.
A motion for change of venue asks the current North Dakota state court to allow a court in a different North Dakota county to hear the case.
The Rule permits a motion only on a question of law at the very preliminary stage of a proceeding and covers a very narrow scope. The Rule asks whether (i) based entirely on the content of the pleading; (ii) there is a question of law that will dispose of the action or an issue therein.