What are the rules and procedures for a change of venue?

A change of venue is a legal process that allows a case to be moved from one court to another. In Florida, a change of venue must be granted by a court and the rules and procedures must be followed to ensure a fair trial. The first step in the process is to file a motion for a change of venue. The motion must be filed in the original court and must include a justification for the request. The moving party must show that a fair and impartial trial cannot be obtained in the current court due to the existing circumstances, such as bias by the judge or local prejudice. Once the motion is filed, the court will set a date for a hearing on the motion. At the hearing, both sides can present evidence and arguments for or against the motion. After hearing all the evidence, the court will decide whether or not to grant the motion for a change of venue and, if so, the court will then issue an order indicating to what court the case should be transferred. Once an order granting the change of venue is issued, the clerk of the court must transfer all of the case records to the new court. The new court will then issue a new order setting the date for the trial. It is important to note that a change of venue must be requested before the trial begins. If not, the court will not grant the motion and the trial will proceed in the original court.

Related FAQs

What is the discovery stage of civil procedure?
What is the doctrine of collateral estoppel?
What is the difference between a stipulation and an agreement?
What is an answer?
What is a motion for a preliminary injunction?
What is a deposition?
What is the role of a judge in a civil case?
What is a counterclaim?
What is the difference between a motion for a new trial and a motion for judgment notwithstanding the verdict?
What is the difference between mediation and arbitration?

What are the rules and procedures for a change of venue?

Related FAQs

Related Blog Posts