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Author Topic: Change of Venue  (Read 4371 times)

Sunshine1

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Change of Venue
« on: Nov 23, 2003, 05:37:02 PM »
We are scheduled for a motion hearing for child support enforcement, on the 18th.  It was first heard in front of a magistrate, but there was a technical difficulty and they needed to reschedule it.

Now we are scheduled to go in front of our original judge, who is not that friendly and who knows how he will rule on this.  It is strange to us that this is being heard in front of a district court judge instead of the magistrate.

The motion is  being heard in a county that neither party resides in anymore.  We are the custodial parents and have not lived there for over 2 years and now the ncp has not lived there since June of this year.

1. Is it possible to put in for a motion for a change of venue BEFORE the new hearing?

2. Do I have to wait until the motion is heard in front of the judge to ask for a change of venue?

3. Can I just tell County A that we want to move our case from County B and let them do what they need to do and then withdraw or motion for it in County A?

Sorry if this is confusing...Thanks for anything you can give me.


socrateaser

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RE: Change of Venue
« Reply #1 on: Nov 24, 2003, 04:03:47 AM »
>We are scheduled for a motion hearing for child support
>enforcement, on the 18th.  It was first heard in front of a
>magistrate, but there was a technical difficulty and they
>needed to reschedule it.
>
>Now we are scheduled to go in front of our original judge, who
>is not that friendly and who knows how he will rule on this.
>It is strange to us that this is being heard in front of a
>district court judge instead of the magistrate.
>
>The motion is  being heard in a county that neither party
>resides in anymore.  We are the custodial parents and have not
>lived there for over 2 years and now the ncp has not lived
>there since June of this year.
>
>1. Is it possible to put in for a motion for a change of venue
>BEFORE the new hearing?

You should have moved for a change of venue as soon as the support action was filed. If one of the parents has moved since the action was filed and only now do both parents and child(ren) live outside of the jurisdiction, then that MIGHT be grounds for a change of venue, but I wouldn't bet on it. It's up to the judge.

>
>2. Do I have to wait until the motion is heard in front of the
>judge to ask for a change of venue?

No, you can file a motion now.


>
>3. Can I just tell County A that we want to move our case from
>County B and let them do what they need to do and then
>withdraw or motion for it in County A?

Nope.

>
>Sorry if this is confusing...Thanks for anything you can give
>me.

Sunshine1

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RE: Change of Venue
« Reply #2 on: Nov 24, 2003, 04:41:35 PM »
I have seen the legal form to do this, but...

1. DoI need to say anything other than that it is not proper due to noone lives here anymore..in so many words?

2. If I draw this up shall I ask for this motion to be heard the same day in conjunction to the one we already have?

That way we may not even get the motion heard in front of the nutty judge we have...and if so...(saying the judge orders it for it to be changed)

3.  Can I then on that same day have papers ready for her to be served for a motion I have already set up in the appropriate County when we walk out of the court room?

Trying to get this heard before the first of the year.

Thank you so much for your help!

socrateaser

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RE: Change of Venue
« Reply #3 on: Nov 29, 2003, 12:27:14 AM »
>I have seen the legal form to do this, but...
>
>1. DoI need to say anything other than that it is not proper
>due to noone lives here anymore..in so many words?

There is nothing improper about the court hearing a matter where it is filed. Your grounds for a change in venue is that the forum is inconvenient to all parties, as none reside within the county.

>
>2. If I draw this up shall I ask for this motion to be heard
>the same day in conjunction to the one we already have?

No, you should contact all of the other parties and see if they will consent to the change of venue. If they will, then you should be able to enter a stipulated order transferring the case to the agreed upon new county.

If you can't get consensus, then you could ask for a telephone hearing on the matter. The judge should be willing to transfer, as it's an easy way to eliminate work and judges love to go directly from inbox to outbox.

>
>That way we may not even get the motion heard in front of the
>nutty judge we have...and if so...(saying the judge orders it
>for it to be changed)
>
>3.  Can I then on that same day have papers ready for her to
>be served for a motion I have already set up in the
>appropriate County when we walk out of the court room?

You can serve this motion by first class mail with a certificate of service.

>
>Trying to get this heard before the first of the year.
>
>Thank you so much for your help!

 

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