California Code of Civil Procedure 397 – The court may, on motion, change the place of trial in the following …
The court may, on motion, change the place of trial in the following cases:
(a) When the court designated in the complaint is not the proper court.
Terms Used In California Code of Civil Procedure 397
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: includes "city and county. See California Code of Civil Procedure 17
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) When there is reason to believe that an impartial trial cannot be had therein.
(c) When the convenience of witnesses and the ends of justice would be promoted by the change.
(d) When from any cause there is no judge of the court qualified to act.
(e) When a proceeding for dissolution of marriage has been filed in the county in which the petitioner has been a resident for three months next preceding the commencement of the proceeding, and the respondent at the time of the commencement of the proceeding is a resident of another county in this state, to the county of the respondent’s residence when the ends of justice would be promoted by the change. If a motion to change the place of trial is made pursuant to this paragraph, the court may, prior to the determination of such motion, consider and determine motions for allowance of temporary spousal support, support of children, temporary restraining orders, attorneys’ fees, and costs, and make all necessary and proper orders in connection therewith.
(Amended by Stats. 1992, Ch. 163, Sec. 19. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)