A Virginia Motion for Change of Venue — incorrect court district is a legal motion filed by a defendant or their attorney requesting a change in the location of a trial due to the selection of the wrong court district or jurisdiction. This motion is typically filed when it is believed that the current court district does not have proper jurisdiction over the case. In Virginia, there are two primary types of Motions for Change of Venue — incorrect court district: 1. Motion for Change of Venue — Based on Improper Court District Selection: This type of motion is filed when it is contended that the case has been assigned to an incorrect court district. The defendant argues that the current district does not have the legal authority or jurisdiction to preside over the case. The motion seeks a transfer to the appropriate court district where the trial should have originally occurred. 2. Motion for Change of Venue — For the Convenience of Parties or Witnesses: This type of motion is filed when it is believed that holding the trial in the current court district would cause undue inconvenience to either the defendant, the prosecution, or crucial witnesses. The motion presents reasons why a change in venue would serve the interests of justice, fairness, and efficiency. It may include factors such as the proximity of the witnesses to the court, accessibility for both parties, and potential bias in the local community. Keywords: Virginia, Motion for Change of Venue, incorrect court district, legal motion, defendant, attorney, trial, court jurisdiction, improper court district selection, legal authority, transfer, convenience of parties, convenience of witnesses, interests of justice, fairness, efficiency, motion types, Virginia court system.
Virginia Motion for Change of Venue - incorrect court district
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Absent leave of court, if a brief in support of a motion is five or fewer pages in length, the required notice and the brief shall be filed and served at least 14 days before the hearing and any brief in opposition to the motion shall be filed and served at least seven days before the hearing.
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.
A circuit court may, on motion of the accused or of the Commonwealth, for good cause, order the venue for the trial of a criminal case in such court to be changed to some other circuit court. Such motion when made by the accused may be made in his absence upon a petition signed and sworn to by him.
'Venue' in Virginia civil procedure describes the rules governing which court in the Commonwealth of Virginia is the appropriate place for a case to be tried, presuming that subject matter jurisdiction and personal jurisdiction have been established.
§ 8.01-265. The court, on motion of any party and for good cause shown, may retain the action for trial. Except by agreement of all parties, no action enumerated in Category A, § 8.01-261, shall be transferred to or retained by a forum not enumerated in such category.
Venue improperly laid; objection. A. Venue laid in forums other than those designated by this chapter shall be subject to objection, but no action shall be dismissed solely on the basis of venue if there be a forum in the Commonwealth where venue is proper.
As to actions in general district courts, a motion objecting to venue, which may be in the form of a letter or other written communication, shall be filed with or received by the court on or before the day of trial. Waiver by any defendant shall not constitute waiver for any other defendant entitled to object to venue.
Statute of Limitations Suits on oral contracts must be brought (if at all) within three years from the time the cause of action accrues; suits on written contracts must be brought within five years. (See Va. Code § 8.01-246).
A motion to transfer venue must be made in writing or in court with the parties present. When a written motion is filed, it must be set for hearing, and the motion and notice of hearing must be served on all other parties or on counsel of record, if any.