Generally, once a court has jurisdiction, that court will keep jurisdiction, even if you move to another state. If you have moved, you can ask the court that issued the original order to change the jurisdiction to the new state that you are in.

One reason a defendant could ask for a trial to be moved to another location would be that they could think the jurors in a district might be prejudiced to the case.

appeal – A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is “to appeal” or “to take an appeal.” Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant.

Can I transfer my case to another court? Depending on the reason, you may be able to transfer your charges to a different court location. You can only transfer your charges if the Crown prosecutor or a judge gives you permission.

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.

Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county. Nor does the AOC select the site for the new trial.

Change of Venue in California Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.

3d 1142; Williams v. Superior Court (1983) 34 Cal. 3d 584; Powell v….These are the factors:

• Nature and Gravity of the Offense.
• Nature and Extent of News Coverage.
• Size and Characteristics of Community.
• Status of Defendant in Community.
• Status of Victim in Community.

Motion by a Defendant A defendant may make a motion to a court to dismiss the CAUSE OF ACTION if the plaintiff has failed to appear to prosecute his or her case. A plaintiff is obligated to prosecute the action with due diligence within a reasonable time of commencing the action.

1. Fill out your court forms. Fill out a Request for Dismissal (Form CIV-110 ).
2. File your forms at the courthouse where you filed your case.
3. Serve the other side with a copy of the dismissal papers.
4. File the Notice of Entry of Dismissal and Proof of Service (Form CIV-120)

In fact, the only way a judge can throw out a case (specifically a criminal case, not a civil traffic infraction) is under a few limited circumstances. The judge certainly won’t look at the evidence to determine if the state has enough to move forward. This was done at first appearance.

Generally, however, a defendant must file a motion to dismiss before filing an “answer” to the complaint. If the motion to dismiss is denied, the defendant must still file their answer, usually within a shortened amount of time.

A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks. When granting a motion to dismiss, the judge essentially decides the case in the defendant’s favor — most often denying the plaintiff the opportunity to go to trial.

What happens after a motion to dismiss is filed in a civil litigation, does the case continue while the Court is deciding whether to grant or deny the Motion? Finally, the judge will decide to grant or deny the motion. But there could be months between the moving papers and the decision.

The purpose of a motion to dismiss is to test the sufficiency of the complaint, not to decide the merits.