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Where are trials held?


When a vehicle has been involved in a traffic accident, it is not uncommon for issues relative to the ownership of the vehicle to play a part in the venue of the hearing. Venue is the location in which the court will conduct any hearings relative to the case at hand. In order for the court to determine an appropriate venue for a case, it generally takes several items into consideration. Most of the time, such as in criminal trials, the venue for the case is the location where the incident occurred. If a robbery happens in Brooklyn, New York, then the Superior Court of Kings County and not the Superior Court of Queens County will hear the case. However, in civil cases and Family Court, the rules about Venue are much more flexible. Rather than being relative to a particular incident location, it is generally based on the county of domicile for one or both of the participants. If the case involves a business, it is much more likely that the case will be tried in the court that is located in the county where the business maintains its main base of operations.

On October 1, 1982, a traffic accident occurred in the Village of Freeport in Nassau County. The passenger in one of the vehicles, filed a personal injury lawsuit. She named the business that the other driver worked for in her lawsuit. The truck that the man was driving was owned by a business that had their primary offices in Kings County. The business had leased the truck from a truck leasing company that operated out of Nassau County. While the case was waiting for trial, the headquarters of the company moved from Kings County to Nassau County.

Originally, the venue for the car accident case was set for Kings County where the business headquarters was located. Following the move of the business from Kings County to Nassau County, the owner filed a motion to change the venue of the case from Kings County to Nassau County. Originally, the court denied the motion. The owner of the business filed an appeal of the decision.

The Supreme Court reviewed the request and determined that the original trial court had been wrong when they denied the request to change the venue of the hearing from Kings County to Nassau County. The reasoning was beyond comprehension for the appeal court. It was only logical that the case should be heard in Nassau County. The business headquarters was located in Nassau County. The accident occurred in Nassau County. The police officers who were on the scene and investigated the circumstances of the accident are Nassau County Police Officers. Even the hospital where the complainant was taken following the accident was located in Nassau County. Therefore, all of the witnesses that would be called to court to testify would be either living or employed in Nassau County. Making them travel to Kings County for the trial of the case would have posed an undue hardship on everyone involved in this case. There were no notes about why the original trial court had refused to transfer the case to Nassau County. However, logic prevailed when the decision was appealed and the case was subsequently transferred to the courts of Nassau County.

Sometimes, courts make mistakes in judgment. Courts are made up of people who are each assigned specialized jobs. They must all communicate clearly and with good communication skills in order for the court to function as it should. When someone makes a mistake, it is important that steps be taken as soon as possible to correct that mistake. That is when the appeals court is brought in to review decisions.

At Stephen Bilkis & Associates with its car accident Lawyers, have convenient offices throughout New York and Metropolitan area. Do not lose monetary compensation. Our personal injury lawyers can provide you with advice to guide you through difficult situations. Without a spine injury attorney, you could lose precious compensation to help your family.

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