How do I request a change of venue in an appeal?

When filing an appeal in the state of Nebraska, a party may request a change of venue through filing a Motion for Change of Venue (Form 19). The party initiating the Motion should provide good cause as to why the venue should be changed, such as: the case originally filed in a different court, there may have been a bias against the party in the original court, or the case may have become more complex than anticipated. The Motion should be filed with the Clerk of the Court and include a written brief outlining the reasons for the change of venue. The opposing party then has the opportunity to respond to the Motion and the court will consider both sides before making a decision. The court may also consider the convenience of the litigants, witnesses, and other factors that may affect the dispute. In Nebraska, a change of venue in an appeal is only granted in limited circumstances, when the request is deemed necessary for the fair and effective administration of justice. The court will consider all mitigating factors in its determination whether or not to grant the Motion, which may include time restraints and practical considerations. In most cases, the court will make its decision based on the merits of the case, and if it is deemed necessary, the court will grant a change of venue.

Related FAQs

What is the process for filing an interlocutory appeal?
How often do the appellate courts review their decisions?
Are parties able to challenge an appellate court’s decision through a petition for rehearing?
What issues can be raised on appeal?
What is the process for obtaining a stay of execution pending appeal?
What is the difference between an appeal and a writ of certiorari?
What is the purpose of oral arguments to an appellate court?
What is the process for obtaining a stay of execution pending an appeal?
What is the procedure for filing a petition for rehearing en banc?
What is the difference between trial and appellate courts?

How do I request a change of venue in an appeal?

Related FAQs

Related Blog Posts