So, here’s the deal—I’m dealing with a lawyer who’s already in contempt of a Judge’s Orders in the state with jurisdiction over him. He’s actually the defendant in a legal malpractice case I’m filing, and I’m wondering… does this give me enough grounds to request a change of venue? I’m also asking the judge for a summary judgment, so any insights would be appreciated!
Interesting situation. Do you think the judge’s contempt order alone could justify moving the case?
CathyGenesis said:
Interesting situation. Do you think the judge’s contempt order alone could justify moving the case?
That’s what I’m wondering! He initially asked to move the venue due to lack of jurisdiction, but then backtracked. Now I’m considering it myself…
CathyGenesis said:
Interesting situation. Do you think the judge’s contempt order alone could justify moving the case?
Yeah, if it’s the same state where everything happened, it might be tough to argue for a change, though.
You’re going for summary judgment? Just FYI, you’d need to show there’s no material fact in dispute. Otherwise, the judge won’t go for it.
Omar said:
You’re going for summary judgment? Just FYI, you’d need to show there’s no material fact in dispute. Otherwise, the judge won’t go for it.
Good point. I’m hoping his actions speak for themselves and show there’s no real defense.
Omar said:
You’re going for summary judgment? Just FYI, you’d need to show there’s no material fact in dispute. Otherwise, the judge won’t go for it.
Just to clarify, material facts would be anything that could affect the outcome, right?
Omar said:
You’re going for summary judgment? Just FYI, you’d need to show there’s no material fact in dispute. Otherwise, the judge won’t go for it.
Yep, exactly. If he raises any significant issues that need a trial to settle, summary judgment likely won’t fly.
Changing venue is usually tough unless you can show bias or something really significant. Contempt might help, but it’s not a guarantee.
Eli said:
Changing venue is usually tough unless you can show bias or something really significant. Contempt might help, but it’s not a guarantee.
Makes sense. I guess I was hoping the contempt would be enough to sway things.
If he’s backtracking on moving the venue, that could be a sign. He may not feel confident about jurisdiction arguments.
Finch said:
If he’s backtracking on moving the venue, that could be a sign. He may not feel confident about jurisdiction arguments.
Yeah, that’s what I’m thinking too. He’s acting all over the place.
Finch said:
If he’s backtracking on moving the venue, that could be a sign. He may not feel confident about jurisdiction arguments.
Haha, sounds like he’s trying to play both sides. Definitely doesn’t look good on his end!
Just curious, how does a contempt order affect things like venue? Is it really enough for a case move?
Elliot said:
Just curious, how does a contempt order affect things like venue? Is it really enough for a case move?
That’s a good question. From what I understand, it depends on how it could impact a fair trial. If the judge sees it as an issue, it might help.
Elliot said:
Just curious, how does a contempt order affect things like venue? Is it really enough for a case move?
But the main point for changing venue is where the case or incident happened, right? So contempt may not be a big enough factor.