This form is an official State of New York Family Court sample form, a detailed Order on Motion for Change of Venue. Available for download in Wordperfect, and Adobe pdf formats.
New York Order On Motion For Change of Venue
State:
New York
Control #:
NY-3-1
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Word;
PDF;
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How to fill out New York Order On Motion For Change Of Venue?
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FAQ
A change of venue is the legal term for moving a trial to a new location.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.
The change of venue form asks for the judge to move your court from the city where you were detained to a city closer to where you currently live. The blue form tells the judge and immigration your new address so they can send you important documents like notice of your court date.
A motion for change of venue ensures that a case is heard in the best location. There are two basic requirements that must be met before a court can hear a case. The first is jurisdiction, which means that the court has the authority to decide the legal issues which affect the rights of the parties in the case.
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.
Under section 526, Criminal Procedure Code, the High Court has power to transfer any case from one Court, subordinate to it to another on any of the grounds specified therein. This power of transfer extends to all classes of cases. In view of the amendments made in sections 526 and 528 of the Code by Act No.
Unlike subject matter jurisdiction, defendants may waive their argument that venue is improper. The Federal Rules of Civil Procedure provide that defendants waive a venue defense that was available to the party when they omit it from an initial motion to dismiss or fail to include it in a responsive pleading.
To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial.Other reasons for a change of venue include: a judge who is prejudiced against the defendant, and. in capital cases, a jury pool that's predisposed for or against the death penalty.
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 change of venue may be ordered by the Supreme Court where it is shown that the accused might be liquidated by his enemies in the place where the trial was originally scheduled to be held.