Legal Question in Personal Injury in New Jersey
Motion to Transfer 4:3-2
I need to know if there is something called a motion to transfer? I am moving the case from one county in NJ to the other county. Our motion to be heard in PA was denied.
Please advise, thanks
2 Answers from Attorneys
Re: Motion to Transfer 4:3-2
motions to transfer do exist. I dont understand your question regarding PA. It appears as though tyou have the rule, so I am not usure what you need
Re: Motion to Transfer 4:3-2
In NJ, Change of venue is governed by Rule 4:3-3 which provides that in actions in the Superior Court, a change of venue may be ordered by the assignment judge or by the designee of the assignment judge of the county in which the venue is laid or by a judge of such county sitting in the Chancery Division, General Equity, or the presiding judge of the Family Part: (1) if the venue is not laid in accordance with Rule 4:3-2; or (2) if there is substantial doubt that a fair and impartial trial can be had in the county where venue is laid; or (3) for the convenience of parties and witnesses, in the interest of justice.
A motion for a change of venue shall be made not later than 10 days after the expiration of the time prescribed by Rule 4:6-1 for service of the last permissible responsive pleading. If not so made, objections to venue shall be deemed waived, except if the moving party asserts that there is substantial doubt that a fair and impartial trial can be had in the county where venue is laid, the motion may be made at any time before trial. The order changing venue shall not be incorporated in any other order and shall be filed in triplicate.
At any time prior to the filing and service of the first answer by any defendant to the complaint, plaintiff may apply ex parte for an order changing venue to any county in which venue may be properly laid. The application shall be granted unless it appears there is good cause for its denial. An order of denial shall state the reasons with specificity.
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