What is a change of venue?
A change of venue is a process that allows a legal case to be heard in a different court than the one in which it was originally filed. In Delaware, it is allowed only if certain conditions are met. For example, if a court finds that the trial cannot be conducted in a fair and impartial manner in the court where it was filed, then a change of venue is allowed. This process is usually available when there is a conflict of interest between the parties or if a judge is not impartial. In addition, if a court feels that a large number of witnesses or media coverage would present a problem, they may order a change of venue to allow for everyone to have a fair trial. In Delaware, a change of venue is handled differently depending on the type of case and the court in which it is being heard. In criminal cases, the defendant must file a motion in the court of original jurisdiction in order to have the case moved to another court. In civil cases, either party can file a motion to have the case moved, typically to the court that is closest to where the majority of witnesses for the case reside. The process for a change of venue is not always easy, and it is important to know the rules and guidelines for the state of Delaware, and the court in which the case was originally filed. It is also important that the proper paperwork and deadlines are followed in order to have the case moved to another court.
Related FAQs
What is a writ of attachment?What is a discovery request?
What are the rules of evidence in civil procedure?
What is a motion for a directed verdict?
What is a motion to compel or enforce discovery?
What is a motion for summary judgment?
What is the role of a judge in a civil case?
What is the pleading stage of civil procedure?
What is a remittitur?
What are the grounds for a restraining order?
Related Blog Posts
Understanding Civil Procedure Basics - July 31, 2023Navigating the Complexities of Civil Procedure Rules - August 7, 2023
Step-By-Step Guide to Civil Procedure Process - August 14, 2023
Identifying Deadlines in Civil Procedure - August 21, 2023
Different Types of Civil Procedure Strategies - August 28, 2023