How can I change an out of state jurisdiction? 6 Answers as of June 07, 2011

If the incident in question (financial elder abuse) supposedly occurred in California, but the person threatening filing a lawsuit in Oregon now lives in Oregon, can a change of jurisdiction be approved?

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Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
If the crime occurred in California and it is charged as a crime, the proper jurisdiction is the location where the crime occurred. It cannot just get switched to another state. A civil suit is different. but even under the facts you stated, it seems that even civil jurisdiction should properly be in CA.
Answer Applies to: California
Replied: 6/7/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Your understanding is not clear. If an incident occurs in one state, that is where the lawsuit must be filed. If incorrectly filed elsewhere, it can be challenged by a proper motion in that state, seeking dismissal.
Answer Applies to: California
Replied: 6/6/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
I think the answer depends on whether or not we are talking about a criminal case or a civil case. If it is a criminal case, in order for Oregon to have jurisdiction, the state must prove that at least part of the crime occurred in Oregon. Otherwise, I think the proper place to charge you would be California. On the other hand, if we are talking about a civil case, I think the suit can be filed in Oregon if that's where the plaintiff now lives. I'm not a civil lawyer and it's been awhile since I dealt with this issue, but I think you can remove the suit to federal court in California.
Answer Applies to: Oregon
Replied: 6/6/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
It would be exotic to see jurisdiction land in Oregon. Oppose such a motion, of course.
Answer Applies to: California
Replied: 6/3/2011
Law Office of Rankin Johnson IV, LLC
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
A state either has jurisdiction (authority to hear a lawsuit) or it does not. A lawsuit between two Oregon residents might be proper in Oregon even if the underlying acts occurred elsewhere, but it's a complex question and depends on the facts. If a lawsuit is brought in a place that's distant and inconvenient from the witnesses or other important evidence, or if one party can't get a fair trial, sometimes it can be moved, but, again, that depends on the details.
Answer Applies to: Oregon
Replied: 6/3/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    If this is a criminal action, prosecution takes place in the county in which it occurred. If this is a civil lawsuit, generally it has to be filed in the state in which it occurred or in which the defendant lives. Possibly Federal court if each party lives in different states and the amount in controversy meets Federal jurisdiction.
    Answer Applies to: Oregon
    Replied: 6/3/2011
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