What happens when you file a motion to change venue?

By filing such a motion you are causing delay in your removal case. Therefore, the employment authorization clock will stop until the first calendar hearing in immigration court. Then at the first hearing you will have a chance to start the clock again. The decision to file a motion to change venue is strategically important.

Which is the proper county for change of venue?

In reversing the trial court’s denial of the Philogene defendant’s motion on timeliness grounds, the First Department stated: Thus, since neither defendant is a New York County resident and plaintiff at all relevant times has resided in Staten Island, Richmond is the proper county for venue.

How do you file a motion to move a case?

You file a motion to ask the court for something. This motion asks the court to move your case to another county. The Motion form asks the court to order the other party to pay all costs of moving the case to the new county, including paying the new filing fee. If you feel this is not appropriate, cross out this part.

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.

How to file a motion for a change of venue?

Read More: How to File a Motion to Transfer Your Case to Another City Filing the Motion for a Change of Venue You can request a change of venue by filing a motion with the court where your case is currently pending after you determine the appropriate grounds. A motion is a formal written request to the presiding judge.

When do I seek a change of venue?

A change of venue sought as of right on the ground that the county selected is an improper one must be sought by service of a demand (CPLR 511 [a]) followed by a motion, if the demand is not acceded to, within 15 days after service thereof (CPLR 511 [b]).

Can a defendant change the venue of a lawsuit?

Plaintiffs, however, do not always choose a proper venue (“Improper Venue Selection”). In such instances, a defendant has an opportunity to change the Improper Venue Selection to a proper one. See CPLR 510 (1) .