Change of venue?


#1

Can a motion for a change of venue be filed just because she is the Defendant? If so, in what county would she file this motion?


#2

She may file a motion to change venue to the county in which she presently resides. Your counter argument would outline the facts regarding her frequent moves and that there is no evidence in the other counties which pertains to the case. Whether or not the motion would be granted is within the judge’s discretion, however in this case I would tend to believe a motion to change venue would be denied.


#3

Thank you!

If she does file for a change of venue, will a Wake County judge or a judge in her county hear the motion? How would I be notified to appear for the hearing?

I’m curious if she would be able to get in front of a judge prior to the custody mediation orientation and the temporary hearing… Both of which are scheduled for the first week of March.

Again, thanks much.


#4

The motion would be heard in Wake County, and you would have to receive proper notice of the hearing.