Can I request a change of venue in a small claims court case?

Yes, it is possible to request a change of venue in small claims court cases in California. A change of venue is when the case is heard in a different court from the one listed on the summons. Generally, this request is made when the plaintiff (the person initiating the lawsuit) lives far away from the court listed on the summons, or when the defendant (the person being sued) lives far away from the court listed. To request a change of venue, you must file a court form called an “Order to Show Cause" (or sometimes a “Motion for a Change of Venue”). This form should be filled out, signed by a judge, and given to both parties. The court will then decide if a change of venue is necessary. If it is, the case will be re-filed in the new court and the new court will assign a date for the hearing. Keep in mind that if both parties agree to a change of venue, the court may approve it without requesting a formal court form. However, if there is any disagreement, the court will usually require the filing of a court form. In California, the defendant has the right to contest or oppose a change of venue. If the court grants the change of venue, the defendant will usually have to travel to the new court to attend the hearing. The new court may also require additional documentation from both parties.

Related FAQs

Can I countersue the other party in a small claims court case?
What evidence do I need to present in small claims court?
How do I know if I should appear in person in a small claims court case?
How do I calculate the amount of interest owed on a small claims court judgment?
Are there any special rules or procedures I need to know when filing a claim in small claims court?
What types of disputes can I take to small claims court?
How do I know if my case is eligible for small claims court?
How do I write an answer to a summons in a small claims court case?
Is there a limit on the amount of damages that can be recovered in a small claims court case?
What happens if I disagree with the decision in a small claims court case?

Can I request a change of venue in a small claims court case?

Related FAQs

Related Blog Posts