Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
Kirk Adams : A person's disability cannot automatically guarantee a change of venue. The ADA does not extend to impact the rules of procedure.
Kirk Adams : However, she can file a motion for a change of venue in writing to the presiding judge as part of the case. The judge may consider an individual’s disability, along with other relevant factors, in granting or denying the motion. Furthermore, the court cannot exceed the law in granting a request for an accommodation.
Kirk Adams : Thus, it is certainly permissible to request the change of venue, but there's no guarantee of a change due to the disability.
Kirk Adams : In order to prevail, she could claim that her disability impacts her ability to participate AND that the other party will not be prejudiced by the transfer, and that an injustice will occur if venue isn't changed.
Kirk Adams : THANK YOU for allowing me to assist. If you have any additional questions, please don't hesitate to ask.
Thank you so m uchià
Kirk Adams : No problem. Please let me know if you need anything further.