USLegal received the following as compared to 9 other form sites. 0000025030 00000 n It is not, nor is it intended to be, legal advice. 0000041764 00000 n If the lawsuit involved personal injury, it might be the county where the accident occurred, and in criminal cases, the appropriate venue is typically the county where the crime was committed. To move your case to another court, you must make a "Motion to Change Venue" in writing, and file one copy with the Court where your case is currently located and another copy with the Department of Homeland Security. 0000085527 00000 n "The Forms Professionals Trust Jurisdiction Federal Court Form Rating 4.65 Satisfied (344) Motion Form Sample Form Popularity 0000044117 00000 n In support of this motion, the undersigned states the following: If venue is changed, the grand jury in the county to which the case is transferred has the power to return an indictment in the case; if an indictment has already been returned, then no new indictment is necessary and the prosecution may move forward on the existing indictment. Business Packages, Construction Forms 10/10, Features Set 10/10, Ease of Use 10/10, Customer Service 10/10. Will, All 0000075167 00000 n of Business, Corporate 0000045494 00000 n Nothing in the UCCJEA or any other law allows a judge in one state to transfer a custody case to another state. %PDF-1.5 % Failure to make a timely motion constitutes a waiver under G.S. Preparing legal paperwork can be cumbersome. 15A-953. The courts have consistently held that motions to change venue based on convenience, on the other hand, are properly made only after an answer has been filed. A court with jurisdiction to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances, and that a court of another state is a more appropriate forum. GS 50A-207. North Carolina is an inconvenient forum when the court rules that North Carolina is an inconvenient forum and determines that another State is a more appropriate forum. 0000073260 00000 n 0000056701 00000 n 0000007359 00000 n 0000087539 00000 n 0000046687 00000 n 0000021972 00000 n For example, you can often file a divorce in the county where either spouse currently resides. 0000031533 00000 n When one party wants to change venue, she must file a motion for change of venue. Planning, Wills Likewise, defense attorneys must also determine whether the venue chosen by the plaintiff is proper. Similarly, GS 50A-208 also allows a court to decline to exercise jurisdiction when the court has jurisdiction due to the unjustifiable conduct of one party. 0000064413 00000 n 0000016360 00000 n 0000065366 00000 n 0000056455 00000 n Forms, Independent What does GS 50A-207 actually authorize a court to do? Incorporation services, Living The UNC MPA program prepares public service leaders. When that clerk received the file and the order from the other state, is the North Carolina court required to act in the custody proceeding? 0000075642 00000 n The change of venue statute provides that motions based on improper venue must be raised before the time of answering expires. 0000048994 00000 n (3) When the judge has, at any time, been interested as party or counsel. A motion to dismiss for improper venue in district court may be made upon arraignment, or during trial as appropriate. See G.S. State v. Golphin, 352 N.C. 364 (2000). 0000050134 00000 n Directive, Power Immigration court has the same meaning as deportation court.
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