Demur / Change Venue - Which Goes First?

[Pugilist]

What is the name of your state?CA

Red light camera ticket.

They're supposed to be mailed to the defendant within 15 days of the violation. This one was mailed a few days late, so I would like to demur to it.

I would also like to move it to the county seat, as that town is closer to my home.

When I go to arraignment, which do I do first? The demurrer, or the motion for change of venue?

Pug

 

[seniorjudge]

Q: When I go to arraignment, which do I do first? The demurrer, or the motion for change of venue?

A: Both at the same time. Google judicial economy.

 

[Pugilist]

OK, thanks, I googled that and read some of the entries.

But I didn't see anything that addressed how you can ask a judge to relocate a case when in the same breath you are arguing that the courts have no jurisdiction over you at all (because of the late mailing).

Pug

 

[seniorjudge]

Q: But I didn't see anything that addressed how you can ask a judge to relocate a case when in the same breath you are arguing that the courts have no jurisdiction over you at all (because of the late mailing).

A: It's done millions of times every year in every court in the United States. Google alternative pleading.


...This doctrine is sometimes summarized somewhat tongue-in-cheek with examples such as (for damage to a borrowed bicyle): "I never even saw or heard of that bicycle until the court notice; the plaintiff didn't lend it to me, he gave it to me; it isn't damaged; and it was already damaged when when I got it." Normally such arguments would seem to cancel each other on their face, however, legally "even if" and "anyway" clauses need not be argued; mutually exclusive defenses can be advanced without excuses for their relationship to each other. (Although of course jurists might be influenced by dual defenses such as "I never borrowed it" and "it was already damaged".)...

http://en.wikipedia.org/wiki/Alternative_pleading