Motion To Change Venue
This is a standardized form document. This isn t as simple a procedure as it seems.
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Circuit judge bob hardwick has rejected a defense motion to move curtis lovelace s murder trial to a different location.
Motion to change venue. By filing a motion to change venue you are causing delay in your removal case. Then at the first hearing you will have a chance to start the clock again. A motion for a change of venue is a preliminary motion requesting the court to change the present forum from where a case was originally filed to a different county s court.
Understanding the motion for change of venue. A motion for change of venue in california requests that the court transfer the venue of the case to the county where the defendant resides. There are two basic requirements that must be met before a court can hear a case.
It may not be appropriate depending on the circumstances of your case and or the court may require additional information from you which is. Change of venue is the transfer of a legal action from one county to another county for trial. The decision to file a motion to change venue is strategically important.
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. The motion to change venue is filed in the court that is currently handling the case. When a motion for change of venue is filed in a criminal case it means either the prosecution or the defense is asking the judge to move the upcoming trial to a different place.
In a ruling announced thursday hardwick said lovelace s attorneys. Therefore the employment authorization clock will stop until the first calendar hearing in immigration court. On the following pages you will find a form which may be used to request the court change venue the location of a proceeding.
Change of venue in california page 1 of 4 fact sheet january 2013. The law in california is well settled that a defendant has the absolute right to have any trial heard in the county of their residence unless there is some express statutory justification for an exception such as a personal injury case where the defendant is alleged to have caused a vehicle accident in another county. 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.
In order to prevail on a motion pursuant to cplr 510 1 to change venue a defendant must show that the plaintiff s choice of venue is improper and also that the defendant s choice of venue is proper. A motion for change of venue ensures that a case is heard in the best location. Motion to change venue.
Change of venue in california. The reasons for filing such motion could be forum non conveniens preference multi district litigation consolidation etc.
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