Transfer from one court to another?
In today's blog we are going to be dealing with a somewhat technical issue but one that clients need to understand: venue; or to make it simpler: which court can hear my process?
There is a difference between venue and jurisdiction. Jurisdiction is the power and / or authority that a court has, to hear a process; venue is the possibility of being heard in a particular location.
The venue is the court of the geographical place, where your process will be heard. The person who files the claim, or plaintiff, is the one who chooses where to file it. Plaintiffs will generally choose the court that is closest to their home address, however, this is not always the right court to hear the process.
The lawsuit must be filed in the county where the defendant resides, where the action leading to the lawsuit originated, or where the property under litigation is located. As explained above, sometimes the plaintiff files the lawsuit in the court closest to his home, although the defendant resides in a different county. Perhaps the plaintiff is filing the lawsuit in the county where he resides, and the action that is the subject of the lawsuit was taken in a different county; or perhaps the case is about a home, and the plaintiff filed the lawsuit in a different county than where the property is located.
In these cases, once the defendant receives the claim, he may dispute the venue, claiming any of the above exceptions: place of residence, action or property in a different county. To dispute the venue, the defendant must do so before answering the demand, or at the time of answering it, since, if he does not do so in these two procedural moments, he could lose the chance to do it.
Once the motion for change of venue or transfer from one court to another has been filed, the court must decide on the matter. If the court decides that the claim will be transferred to another court, it is the plaintiff's obligation to start the process again, in the corrected venue.
Finally, venue could be changed if for the convenience of the parties, or of the witnesses, or in the interest of justice, it would be more prudent for another court to hear the case.
If you need help with your legal process, call us today. The first consultation is free. In Y. Morejon Attorney, P.A. we work immigration, family, and general civil cases. We can help you with yours. In Y. Morejon Attorney, P.A. your problem is our problem.
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.