Can a court transfer a case sua sponte?
The court may also transfer an action sua sponte.
How is a motion for change of venue decided?
Ahmed, 120 A.D.3d 750 (2 nd Dep’t 2014), in deciding a motion under CPLR 510 (1), stated: In order to prevail on a motion pursuant to CPLR 510 (1) to change venue, a defendant must show that the plaintiff’s choice of venue is improper, and also that the defendant’s choice of venue is proper.
When does a plaintiff make an improper venue selection?
The procedure to follow when a plaintiff makes an Improper Venue Selection is set forth in CPLR 511 . Pursuant to CPLR 511, a defendant that believes a plaintiff selected an improper venue must serve a written demand (a “Demand”) to change the place of trial to a county deemed proper by the defendant.
When to file for a change of venue?
a change of venue. An application for a change of venue must be filed at least 10 days before the date set for trial. The AOC plays a role after the court grants a change of venue. The AOC does not decide whether a change of venue should occur. Nor does the AOC select the site for the new trial. Under rule 4.152 (1) of the California Rules of
How long does it take to change venue in CPLR 511?
CPLR 511 (a). If, within 5 days of defendant’s service of a Demand the Plaintiff does not serve written consent to change venue to the place specified in the Demand, the Defendant has 15 days from service of the Demand to move to change the place of trial to the venue set forth in the Demand. In Coluck Inc. v. SEM Sec. Sys,.
Can a defendant file a motion for a change of venue?
The rule provides for two kinds of motions that may be made by the defendant for a change of venue. The first is a motion on the ground that so great a prejudice exists against the defendant that he cannot obtain a fair and impartial trial in the district or division where the case is pending.
What are the rules for change of venue?
The matter will now be left in the discretion of the court. 3. The rule provides for a change of venue only on defendant’s motion and does not extend the same right to the prosecution, since the defendant has a constitutional right to a trial in the district where the offense was committed.
The procedure to follow when a plaintiff makes an Improper Venue Selection is set forth in CPLR 511 . Pursuant to CPLR 511, a defendant that believes a plaintiff selected an improper venue must serve a written demand (a “Demand”) to change the place of trial to a county deemed proper by the defendant.
When does the court transfer a case to another district?
Upon the defendant’s motion, the court must transfer the proceeding against that defendant to another district if the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.