Change Of Venue
Change of judge or location.
Question: how do I change venue for a court hearing in florida? I am currently scheduled for a court hearing for child custody. I think there is a conflict of interest in the county where the court case was filed and I was wondering how I would go about changing the venue to my county. Does anyone know where to find the court documents to do this and how to go about doing it?
the family is well known in the county where it was filed...also there is someone in the court that may be related to the family of my son. I contacted legal aid in May. The lawyer was willing to help me until I sent him the papers he asked me to send(which had names on it) then he backed out. I got another atty. through legal aid...who was seeing me for a month. I faxed him( $30worth)of all my papers as well as drove(2 1/2 hrs.) 3x to see him. Then he tells me he isn't sure he is taking my case. But he refuses to return my calls so I guess he decided not to.
Answer: you don't. You either need to file a motion for change of venue or to remove the judge hearing the matter. And guess what? The decision will be up to the court.
Now, what is the conflict?
EDITED BASED ON ADDITIONAL INFORMATION:
Simply because 'some' in the court may be related to one party or the other is not grounds for a change of venue. Unless you can prove that the JUDGE hearing the case is biased or has shown a mistake of law such that you cannot get a fair hearing, you have no grounds for a change of venue.
You don't get such on what MIGHT happen.
Question: Can I change venue on a speeding ticket in Missouri? Received a speeding ticket from a state trooper in mid Missouri. I'm from out of state. Do I have the right to request that the venue be changed to a county nearer to my home state? I work full-time and live a day's travel away from the county of the infraction, which would make it difficult to contest this.
Are there any statutes on this, or better yet, case law regarding other cases which have been moved?
Answer: Even when venue is changed, it still requires the judge, prosecutor, and arresting officer to travel to the new location. There is too much time and expense involved for the court to approve a change for your convenience.
You should be able to contact an attorney in the county you were cited to appear on your behalf.
Question: How do i change venue from county to county in California regarding child support/visitaion etc. if I have mov? ed to a new county. I am confused as form fl-560 is an ex parte. Do I file a order to show cause or notice of motion. To my understanding an ex parte is one party only. Thank you.
Answer: Ex parte can be mean with one party not present or all parties not present, meaning only the judge will be there to decide something, usually based on the pleadings of filings.
If you are the one asking for the change, an order to show cause would be improper... that would be the response to an action.
Question: How to change venue of child custody case in California? Case was started in Humboldt County. Mother now lives in Trinity county, father and children live in Los angeles.
Children have lived in Los Angeles since July 2008. How do we move the case?
Answer: First, just take a current copy of the court orders to the Clerk of the Court in LA, register it, and request they take jurisdiction. There should be no problem as neither parent lives in Humboldt County. If you have any problems, contact Warren Farrell in San Diego. He's been in the fathers rights movement for over 30 years.
Last March, James Cook, the founding father of the movement, and the driver behind changes in California law addressing fathers rights passed away in Los Angeles.
One question though. Why would you want to move from that pretty county, up near Oregon, down to Los Angeles? Though I now live in the Kansas City Area, I'm from Sacramento.
Fathers at Dads House would like to hear his story on being a custodial father. Also, is she paying child support to him, or the other way around? California frequently orders custodial fathers to pay.
Question: How to get a change of venue in a child support case? The aunt of my ex works in the child support enforcement agency of her town, is there anyway to have my case reffered to a different case worker or an agency in a different town because she works there? Someone suggested a change of venue for my case, How do I go about doing that? Is this something that can be done without a lawyer?
Answer: I would consult a lawyer & see what they say!
Question: When a change of venue is granted in a jury trial, who goes with the defendant? In a change of venue, do both public defenders (defense attorneys) and the prosecuting attorney go to the new venue, or does the prosecuting attorney change? I presume that the judge will always be from the new venue.
I am adding these details after the first two responses: The change would be to an adjacent county where the prosecutor is not licensed, but the public defenders are. The new county would also not be within the jurisdiction of the present judge. The reason for the change of venue is because it is a very high-profile case that everyone in the present county has an opinion on.
Answer: First of all, the prosecutor is licensed by the state and can practice anywhere in your state. You're confusing licensing with elected. In a change of venue case, all the legal parties remain the same. However, as a practical matter, the judge and the prescutor may trade a case with the other jurisdiction if they have a case that has been moved, also. I've tried change of venue cases with out of district judges and prosecutors. A true change of venue case means only the location of the trial has changed.
Question: How to request a change of Venue? I was recently injured on a slopped piece of land that the borough owns and I need to sue them in small claims court for my co-payments of about 1000.00. I want to know how do I go about suing them in small claims court however, I feel the Judge will side with the Borough because that where his paycheck comes from. How can I request a change of venue to say "Philedelphia from Easton PA.
Answer: when you file in smal claims court, request a change of venue at the same time or Pennsylvania law may permit you just to file in Philly in the first place.
Question: Will they allow a change of venue in a child custody case? My daughter and i moved to gregg county about 6 months ago. I am in the middle of a court battle with her father over custody and they are requesting a change of venue to gregg county rather than panola county, which is where our original orders were done, so they currently have jurisdiction. The father doesn't live in Panola or Gregg county he lives nine hours away. I am just wondering what is the purpose of changing the county of jurisdiction and what are the requirements for doing so?
Answer: Uh...they probably won't. Other than his convienience, there is no reason for a change; and you have the right to have it held in your county.
Question: How do i ask for a change of venue? I have a mediation hearing next week against my ex. The problem is the new judge is his attorneys sister and has been sort of co counsel for him since our divorce. What if he doesnt recuse himself? I don't have an attorney, that is not an option. How do I handle this, can i ask him to recuse himself or ask for a change of venue? Do I have to file for this? Help! I only have 3 days till court.
Answer: Yes you must file a motion asking the judge to recuse himself. Not knowing what state you are in a link to that information is not possible. Try going to your clerks office and see if they have the forms for this. If they do not and you need help finding the correct form feel free to email me and I will locate it for you if possible.
Question: How do I file a motion for a change of venue? How do I file a motion for a change of venue in Placer County, California? I want to change the venue to the county seat, because I live two streets over from the courthouse in Auburn. Is there a preexisting form I should use? Should I file with the clerk when I go to enter my plea? Do I make up a form and mail it in? How the heck do I file the motion??
Answer: You go to a law library, find the form books, find a sample of a motion to change venue in the court in which you are appearing and you tailor it to your circumstances.
Or, you wise up, realize that this isn't DIY and hire a lawyer.
Question: Is it easier to get a change of venue when you file a writ of habeas corpus than otherwise? Is it harder or easier to get a change of venue when you file a writ of habeas corpus? And are there special rules or circumstances that would make it easier when you file the writ? Like alleging court error, atty. error, prosecutorial misconduct? Since these are touchy issues, why would you trust someone in the same courthouse to rule fairly on these things when they see these people at lunch on a daily basis? So is it easier or not?
Answer: The Great Writ is like playing the lottery in any court. The vast majority of Writ actions fail because the standard of review under the Writ is much lower. Courts will only grant a Writ if the actions of the state violated settled law at the time of the actions...that is gonna be hard to prove in most cases.
Question: Do I need a lawyer in Colorado or California to request change of venue from Colorado? We were divorced in Colorado. I want a change to the custody order. I live in Nevada and my ex lives in California. Do I need a lawyer in Colorado or California to change the venue to where my child now lives?
Answer: You need a lawyer because you do not understand the basics. Venue is not the right term. The proper court is the court in the state where the child is located.
Question: can a police officer refuse my request for change of venue before he writes up the ticket? I request a change of venue before the police writes up the traffic ticket. He refused. I requested again. He refused. He went ahead and write it to his convenience.
Answer: It's a request, he can deny it if he chooses to.
Question: On MLK day, I had a Motion to change Venue hearing in a TX JP court.Were these courts supposed to be closed? The Justice of the Peace, myself (defendant), and the Plaintiff were the only people in the building. I was ultimately denied the change of venue, due to the fact of not writing the Precinct number in my county on the request. Also I was going to attend a march for MLK in San Antonio, TX, but was unable to do that as well. Please shed some light on this matter for me if you could. Thank You.
Answer: It's a Federal holiday. State and local governments are not required to honor it, nor are private employers.
Question: If you want a change of venue; you at least get a chance at getting one right? My husband told his PUBLIC DEFENDER that he wanted a change of venue; He did not even file a motion for change of venue. My husband should have a fair chance at getting a change of venue right? His lawyer should have at least filed a motion whether it was granted or denied; right?
Answer: A change of venue is not automatic. It is normally only done in high profile cases where the publicity could prevent getting an impartial jury.
When a change of venue is granted, the same judge and prosecutor are assigned to the trial, it is just the jury pool that comes from another area. Because of the cost associated with this, it is not likely the request will be granted. That is why the Public Defender did not file the motion.
Question: What are the criteria for filing for an emergency change of venue in child custody cases in California? Would it be hard to change the custody case if i has alrady been set during the time of divorce? If so, what would the reason why>
Answer: Depends on your reasons, judicial malfeasance, you moved to another county, or are you trying to take the child out of the state with the father knowing?
Question: what can i do if my lawyer refuse to seek attorney fees,appeal and ask for a change of venue? I've been the plaintiff on a paternity case since 2001 which the defendant made matters more complicated by refusing to settle this matter as per the previous agreement with her prior lawyer.After 5 years of my attorney and her attorney B.S now they are coming after me for fees . im due in court next week and my attorney is refusing to seek fees on my behalf ,appeal and ask for a change of venue when i go to court next week ?
Answer: You are free to fire your attorney at any point.
If you choose to do so, he/she must turn over your case file to you or your new lawyer at your request.
If your problems with your attorney are good faith, the court should grant an extension for your new attorney to get up to speed on your case.
You should call another attorney, explain the situation and see if he/she will take the case. Good attorneys will consult with you free of charge. If one wants a fee for an initial consultation, seek another.
Question: Where can I find a copy of a change of venue survey? I am looking for a copy of a change of venue and/or public opinion survey so that I can create one on my own... I just need an example of how one is set up so that I can get an idea of where to begin.
If it is a online source please include the link along with any information you have that can help me!
Answer: This website will let you download a public opinion survey. If you don't want to give out your personal information when the screen asks, just click: UPLOAD at the top and it will continue.
Question: Who can order a "change of venue" for a trial - and can the change of venue be to any location? If it's the judge - can he order the venue to be a public park? A balmy Carribean beach? An "unmarked" courthouse? A basement?
Answer: Venue is similar to jurisdiction (there are very important technical differences, but at the level of this question, it's similar). A judge can order the venue changed to another appropriate Court if the Court in question isn't appropriate. Often, that means taking a big case that's made the local news out of a local community where everyone knows everything about it and a fair trial is impossible and moving into a big city in the State where it isn't such big news and the chances of a fair trial are better.
It can't be moved to an inappropriate venue, like moving it out of the Country or moving it to a non-Court location. (Moving it out of the Country is possible if another Country has jurisdiction and the US doesn't, but that's not technically a change of venue, though it is similar. Moving it out of a Courtroom is entirely possible but highly unlikely. It wouldn't be a change of venue motion, though, it would be a special motion, not a standard one, and you'd better have a good reason for wanting to do something so unorthodox. A typical reason would be that you expect to have a large audience who want to attend personally, but such a motion would almost always be denied by the Judge.)
Question: Can I file for 'change of venue' for civil case if I don't reside in the court's county anymore? I used to live in Dupage County from where I received a court summon, but now I live in Champaign County (150 miles away). This is a case brought by a collection agency. Can I file for change of venue in this circumstances?
Answer: You have to have a legal reason to file for change of venue. For instance everyone in that county has heard of you and thinks you're guilty, so you can't get a fair trial there. The fact that YOU are inconvenienced by having to drive to court isn't gonna do it.
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