North Dakota Motion to Transfer for Amount in Excess of Court's Jurisdiction
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How to fill out Motion To Transfer For Amount In Excess Of Court's Jurisdiction?
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FAQ
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.
Upon the defendant's motion, the court must transfer the proceeding against that defendant to another district if the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.
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.
The statute governing personal jurisdiction for federal courts is FRCP 4. Rule 4(k)(1)(a) provides that a federal court can piggyback onto the longarm statute of the state in which it sits. If the state court would have personal jurisdiction over this defendant, then a federal court in the same state will as well.
Change of venue. noun. law the removal of a trial out of one jurisdiction into another.
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.