(DOWNLOAD) "Dawson v. Dawson" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Dawson v. Dawson
- Author : Supreme Court of Montana
- Release Date : January 04, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Change of Venue ? Convenience of Witnesses ? Time for Filing Motion ? Contents of Affidavit ? Insufficiency ? Judicial Discretion. Change of Venue ? When Motion Premature ? When Too Late. 1. Where defendant makes application for change of venue because the county in which the action is commenced is not the proper one for its trial, he must do so, under section 9097, Revised Codes of 1921, at the time he answers or demurs; if made before it is premature, and if made thereafter it comes too late; the motion for change must be made and determined in advance of any other judicial action in the case. Same ? Time for Making Application. 2. From the fact that section 9097, supra, expressly prohibits consideration of an application for change of venue based on the ground that the county in which the action is brought is not the proper one for its trial, unless made when the answer or demurrer is filed, it would appear by implication that if the motion for change on any of the other grounds enumerated in section 9098 is made within a reasonable time after appearance, its filing is permissible. Same ? Convenience of Witnesses ? Motion Improper if Answer not Filed. 3. A motion for change of venue on the ground of convenience of witnesses may not properly be made or considered until defendant has filed his answer. Same ? Contents of Affidavit ? Facts, not Conclusions, to be Stated ? Discretion of Court. 4. The power of courts to grant a change of venue is limited to the exercise of judicial discretion, and for good cause shown, which must consist of a statement of the facts rather than the mere conclusions or opinions of the persons making affidavits in support of motions for the change. Same ? Convenience of Witnesses ? Matters Necessary to be Stated in Affidavit. 5. Affidavit filed in support of a motion for a change of venue on the ground of the convenience of witnesses should contain the names of the witnesses and the testimony expected to be given by each, as well as the reasons why it is inconvenient for them to attend the trial at the place where the action is pending. Same ? Convenience of Witnesses ? Affidavit ? Insufficiency. 6. Affidavit filed in support of a motion for change of venue in a divorce action, alleging that defendant resides in the county to which the venue was sought to be changed, naming a number of - Page 47 persons residing there and stating that she "expects" to prove by them that she had not been guilty of desertion as charged in the complaint, held too general to meet the requirements of the last rule above. Same ? Discretion in Trial Court ? When Order Denying Motion not Subject to Review on Appeal. 7. A motion for change of venue on the ground of convenience of witnesses is addressed largely to the discretion of the trial court, and where the order of denial of the motion is based on conflicting affidavits, or the showing made is insufficient, its discretion will not be interfered with on appeal.
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