Fill and Sign the What Happens If the Parties Plaintiff or Defendant Do Not Show Up in Form

- 1 - IN THE ____________ COURT OF_________ COUNTY, ____________ NAME OF PLAINTIFF ) )) V. ) NO. )) NAME OF DEFENDANT ) ) MOTION TO CHANGE JURISDICTION/VENUE COMES NOW the Defendant/Counter Plaintiff, ________, in the above entitled and numbered action and moves this Court for its Order transferring the action or trial from the ___________ Court of __________ County, __________, to the ___________________ Court of _____________ County, ___________, and for cause would show as follows: 1. This Motion is made on the ground that, under the provisions of ____________ the application by or for a partner for dissolution vests jurisdiction in the ___________________ Court rather than the Circuit Court. The ___________________ Court of __________ County, ___________, is the proper place for the dissolution of the partnership between ____________ and ____________ in that the parties are both adult resident citizens of ____________ County, ___________, and at all times maintained its offices or headquarters in the County of _____________ and not elsewhere. 2. The Plaintiff in Count 8 seeks judicial dissolution in accordance with ____________. (See Complaint paragraph 34). 3. The Defendant ___________ pleads as an affirmative defense, "This Court lacks jurisdiction as Plaintiff seeks equitable relief and jurisdiction and venue is properly vested in the ___________________ Court of __________ County, ___________." (See Affirmative Defense No. 2). 4. The Defendant seeks an accounting and dissolution of the partnership in accordance with _____________. (See paragraph XLI).
hence, the transfer of the action from the court of county,, to the court of county, , is for the benefit of the person. But the defendant in this case also moved for justice of the peace or district attorney to exercise jurisdiction as required to grant the requested dissolution of partnership. The court did grant such order. The defendant's motion for justice of the peace has been briefed and heard. The defendant's brief is as follows: i. The court has heard arguments on motion of the plaintiff to grant his attorney access to records of the court, and at the hearing on this motion the court also heard arguments on the defendant's motion for justice of the peace's jurisdiction to conduct the dissolution of the partnership and the defendant's motion for entry of order. The court has concluded that the defendant has made good faith efforts to secure the plaintiff's participation in the proceedings except a brief letter received a few days after hearing. The motion on the defendant's motion for justice of the peace for the entry of order has been heard by the district judge and has been denied. I at this hearing, plaintiff was given notice of the defendant's motion for a justice of the peace and the justice of the peace has issued a written letter on behalf of himself and has requested the defendant to present the question of jurisdiction. The defendant does not believe that the justice of the peace has jurisdiction to conduct his own criminal investigation and has not attempted to secure cooperation from the local police officer in his attempt to obtain the assistance of the district attorney. The justice of the peace and the defendant have no knowledge or understanding that the defendant is an attorney, and it is only reasonable for him to believe that such investigation would be conducted in accordance with the law and standards of due process. The order made on the defendant's motion by the justice of the peace is a grant of a motion for the entry of an order which directs the defendants to cease and desist from carrying on, and to do the following: (1) cease and desist from making or causing to be made, any act or thing which is false and misleading in any material respect; (2) cease and desist from using any false or misleading statements, representations or omissions regarding the business of the partnership to cause a misapprehension of its character or of the conduct of such business; (3) cease and desist from doing or having done any act, thing or thing with intent to defraud or mislead in any material respect, as to the partnership's