Utah Motion to Change Venue

State:
Utah
Control #:
UT-SKU-0507
Format:
PDF
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Description

Motion to Change Venue

A Utah Motion to Change Venue is a legal document used to request that a court case be moved from one court to another. This motion is filed when the parties involved in a case feel that the current court does not have the jurisdiction or resources to properly hear the case. There are three types of Utah Motion to Change Venue: Removal to Federal Court, Change of County Venue, and Change of District Venue. Removal to Federal Court is used to move a case from a state court to a federal court. Change of County Venue is used to move a case from one county to another within the same district. Change of District Venue is used to move a case from one judicial district to another. All Utah Motion to Change Venue motions must be filed with the court and must include the legal grounds for the motion as well as supporting documents.

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FAQ

Rule 62 - Stay of Proceedings to Enforce a Judgment or order (a) Delay in execution. No execution or other writ to enforce a judgment or an order to pay money under Rule 7(j)(8) may issue until the expiration of 28 days after entry of the judgment or order, unless the court in its discretion otherwise directs.

Such a motion under Rule 60(b) does not affect the finality of the judgment, but a motion under Rule 59, made within 10 days, does affect finality and the running of the time for appeal.

Rule 60 - Relief from Judgment or Order (a) Clerical mistakes. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice.

After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct entry of a new judgment.

Rule 59(e): Motion to Alter or Amend a Judgment Rule 59(e) authorizes a motion to alter or amend a judgment. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.

July 2021. Change of Venue in California. 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 party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move for summary judgment at any time. Unless the court orders otherwise, a party may file a motion for summary judgment at any time no later than 28 days after the close of all discovery.

If a motion for change of venue is granted, the parties can make suggestions of where they wish to have the case transferred. The judge granting the motion then informs the presiding judge of his or her court.

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Utah Motion to Change Venue