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Posts Tagged ‘change venue’

Transfering a case from one court to another (Change of venue)

Friday, August 1st, 2008

There are many reasons why a person may seek that a case be transferred from one court to another. At times, the transfer or change of venue if mandatory. But, in my experience most of the times the transfer is discretionary. Thus, it is very important than when a party files a request to transfer or move the case that he or she clearly state the reason for the move and provide the court with legal authority why the court should grant the request.

A request for change of venue can be made when both parties move out of the county where the case was filed. Or, a request can be made in custody cases when the custodial parent and the child moved out of the county where the case started. However, the custodial parent has to show that the relationship between the child and the non-custodial parent has deteriorated to a point where its not practical for the original county to retain the case.

For support issues, if the case is referred to the Department of Child Support Services then the support issues can be transferred to the county where the child lives.

Lastly, the court has the authority to transfer a case for the convinience of witnesses and if the transfer would promote the ends of justice.

It is very important that the motion be properly filed with legal support for the request to change the case and with declarations showing why the change is necessary. If the request does not contain legal authority or sufficient evidence, the court will deny the request.

For more information, contact one of our aggressive and caring attorneys at 800-589-9901 or at info@dieferlaw.com.

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