Which is the proper county for change of venue?

In reversing the trial court’s denial of the Philogene defendant’s motion on timeliness grounds, the First Department stated: Thus, since neither defendant is a New York County resident and plaintiff at all relevant times has resided in Staten Island, Richmond is the proper county for venue.

How does a motion for change of venue work?

A motion for change of venue ensures that a case is heard in the best location. There are two basic requirements that must be met before a court can hear a case. 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.

When is a change of venue allowed in a criminal case?

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.

How is the venue chosen in New York State?

The location of the place of trial ( or venue) of a legal proceeding in New York State is the location where the action is brought. The plaintiff, as the party bringing the proceeding, generally gets to choose, in the first instance, venue. Plaintiffs, however, do not always choose a proper venue (“Improper Venue Selection”).

When do I need a change of venue?

Change of venue is the transfer of a legal action from one county to another county for trial. 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.

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.

When to file a change of venue in Oregon?

Change of Venue/Transfer of Case If you have moved or there is another reason it is no longer convenient for you to have your case in the same Oregon court in which you filed, you may want to file a motion for “change of venue”or to “transfer” your case to another Oregon circuit court in a different county.

How to respond to a motion to change venue?

RESPONDING TO A MOTION TO TRANSFER CASE OR CHANGE VENUE Complete the “Affidavit Responding to Motion to 9 Transfer Case or 9 Change Venue”, and mail copies to the party requesting the transfer or change of venue. File both the Affidavit and the “Certificate of Mailing (Response)” with the court where the motion has been filed.