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Civil Procedure • Venue
CIVPRO#032
Legal Definition
Even if the original venue is proper, the court may transfer venue where: (1) there is reason to believe an impartial trial cannot be held in the original county; (2) the convenience of witnesses and ends of justice would be promoted by the change; or (3) there is no judge qualified to hear the case in the county.
Plain English Explanation
In California, a court may transfer a case to a different venue even if the original venue is technically proper. One reason for transferring venue is if there’s concern that an impartial trial cannot be held in the original county. This could occur if the case has generated a lot of local attention, making it hard to find jurors who don’t already have strong opinions about the matter.
Another reason for moving a trial is when the convenience of witnesses and the ends of justice would be better served by having the trial in a different county. For instance, if key witnesses are located far from the original venue, moving the trial closer to them would make it easier for them to testify and might help the trial run more smoothly.
A court may also transfer a case if there is no judge qualified to hear it in the original county. This might happen in more specialized cases where a certain level of expertise is needed from the judge, and no judge with that background is available in the county.
Another reason for moving a trial is when the convenience of witnesses and the ends of justice would be better served by having the trial in a different county. For instance, if key witnesses are located far from the original venue, moving the trial closer to them would make it easier for them to testify and might help the trial run more smoothly.
A court may also transfer a case if there is no judge qualified to hear it in the original county. This might happen in more specialized cases where a certain level of expertise is needed from the judge, and no judge with that background is available in the county.
Related Concepts
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How may venue be transferred?
In California, where is venue proper for cases against corporations, associations, and partnerships?
In California, where is venue proper for contract actions?
In California, where is venue proper for location actions?
In California, where is venue proper for mixed actions?
In California, where is venue proper for personal injury or wrongful death actions?
In California, where is venue proper for transitory actions?
What are the private factors considered in establishing forum non conveniens?
What are the public factors considered in establishing forum non conveniens?
What is forum non conveniens and how is it established?
What is the difference between transferring venue and forum non conveniens?
What is venue?
What is venue in California?
When is venue proper in Federal court?
