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A motion for change of venue ensures that a case is heard in the best location. There are two basic requirements that must be met before a court can hear a case. The first is jurisdiction, which means that the court has the authority to decide the legal issues which affect the rights of the parties in the case.
There are three main grounds for granting preference: the moving party is at least 70 years old and in ill health (Code Civ. Proc., 36(a)); the moving party in a personal injury or wrongful death matter is under the age of 14 ( 36(b)); or the moving party is unlikely to survive beyond another six months ( 36(d)).
1406(a) and, in the alternative, ask the court to transfer the case to judicial district they prefer. Unlike 1404, venue was originally improper. Federal courts will only transfer a case under 1406 to another federal judicial district. Federal courts cannot transfer a case to a state court.
With respect to all pleadings subsequent to the original complaint and other papers required or permitted to be served, service shall be made upon the partys attorney of record and, if ordered by the court, also upon the party. If the party has no attorney of record, service shall be made upon the party.
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