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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29310
Experience:  Attorney with experience in family law.
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Do you have basis/rationale/case law transfer of venue

Customer Question

Do you have basis/rationale/case law for partial transfer of venue (splitting a case).
I have a venue motion deferred to evidentiary special set. The law clearly supports change of venue (all parties live in new county none in the former) in conjunction w/ the newly filed Supplemental Petition to Modify the Parenting Plan and Timesharing Schedule. The splitting of the case may come into play if the court wants to wait to resolve a couple of items remaining in the divorce.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Good morning.

You want to hear part of the case in the current venue and part in a new venue? Why?

Is this something that you need case law research on? Because honestly, I don't even know if it would exist.
Customer: replied 1 year ago.

yes the case may get split. Are there any civil or family law rules for or against splitting a case into two counties/venues via a partial transfer?

Expert:  Lucy, Esq. replied 1 year ago.

The general public policy that favors judicial economy weighs against that. The law wants to preserve judicial time and resources. When you have two judges with two different issues, it can take double the preparation time.

Expert:  Lucy, Esq. replied 1 year ago.

Plus, you risk that that judges will issue inconsistent orders and it will be impossible to follow both.

On top of that, venue is usually only transferred if it was incorrect in the first place. So it's tough to argue that venue was appropriate for half the case but not the other half. I'm afraid I've never heard of a judge transferring venue for only part of a family case. It either goes or it stays where it is.