Content area

Full Text

 
Headnote

Abstract

Change of venue is a remedy offered to a party, which in case of legitimate grounds for suspicion or public safety may require that proceedings belong to another court than the court first seized. But change of venue is not based on a case of material or territorial lack of jurisdiction of the court, taking into account exceptional circumstances or impartiality doubt regarding the case. Thus, article 140 of the Code of Civil Procedure stipulates the possible causes of change of venue, including further issues that will determine jurisdiction to hear by the courts of control.

Keywords: removal, reason, expertise, enemies, impartiality.

JEL Classification: K41

1. Introduction

The main causes of change of venue are contained in procedure code and are related with legitimate suspicion and the existence of exceptional circumstances that could lead to public disorder. Thus, regarding doubts about impartiality due to circumstances of the trial, the quality of the parties involved or to local conflicts, jurisdiction will belong to the Court of Appeal, and exceptionally to the High Court of Cassation and Justice (HCCJ) if relocation is required by the Court of Appeal. In the event of extraordinary circumstances that could give rise to public disturbances, resettlement on grounds of public safety can be required only by the Attorney General and is solved only by HCCJ.

Admission of the transfer application means the case goes to a court equal in rank to that from which it was displaced, the decision showing to what extent the court will keep to the acts performed before displacement occurs.

Regarding the possibility of adjourning the judgment in case of removal, the competent court may deal with the request, with or without summoning the parties, but only after paying bail.

Thus, the plaintiff2 requested HCCJ to change venue from the Court of Appeal, in particular on grounds of legitimate doubt. In this regard, the petitioner stated that the first instance judged the case by direct reproduction of the conclusions of the expert report.

As preliminary issues, the petitioner informs the court that other motions to change venue were filed in its causes, as a result of the monopoly exercised by the payroll experts in the district court of first instance. As evidence it indicated...

Show less