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Change of Venue

A person may move for a change of venue using a Request for Order form on any of the following grounds:

  1.  The court in which the action is pending is not one in which the petition may be properly filed.  CCP Section 397(a).
  2. There is reason to believe that an impartial trial cannot be had in the present venue.  CCP Section 397(b).
  3. The convenience of the witnesses and ends of justice would be promoted by the change.  CCP Section 397(c).  Generally, only convenience of nonparty, nonexpert witnesses is considered, not that of parties or of expert witnesses with no personal knowledge of the facts. Under limited circumstances, however, the court may consider the convenience of a party, (e.g. one whose physical condition prevent travel to trial in the other county and whose testimony is material)
  4. There is no judge in the present venue qualified to act.  **This ground is rarely used.
  5. The action is one for a marital dissolution and the ends of justice would be promoted by a change of venue from the county of the petitioner’s residence to the county of the respondent’s residence.

Contact a Santa Ana Divorce Lawyer today for assistance.

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