Table of Contents

1. Caption
2. Motion for Change of Venue
3. Statement of Facts
4. Grounds for Change of Venue
5. Supporting Evidence
6. Statutory and Constitutional Authority
7. Factors for the Court to Consider
8. Proposed Alternative Venue
9. List of Affidavits and Exhibits
10. Proposed Order
11. Verification
12. Certificate of Service
13. Alabama Practice Notes

Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

STATE OF ALABAMA,

  Plaintiff,

v.          Case No.: [________________________________]

[DEFENDANT NAME],

  Defendant.

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to AL Code § 15-2-20 and the Alabama Constitution, Article I, Section 6, for an Order changing the venue of the above-captioned criminal matter from [________________________________] County to another county in the State of Alabama where a fair and impartial trial may be obtained.

In support of this Motion, Defendant states as follows:

Statement of Facts

1. The Defendant, [DEFENDANT NAME], has been charged with [CHARGES] by [INDICTMENT/INFORMATION] filed on or about [DATE].

2. The alleged offense(s) occurred on or about [DATE OF ALLEGED OFFENSE] in [________________________________] County, Alabama.

3. Since the filing of charges, the following circumstances have created conditions making a fair and impartial trial impossible in [________________________________] County:

[________________________________]

Grounds for Change of Venue

A. Pretrial Publicity and Community Prejudice

4. Extensive and pervasive media coverage of this case has saturated [________________________________] County, making it impossible for the Defendant to receive a fair and impartial trial. Specifically:

 a. [MEDIA OUTLET 1] published/broadcast [NUMBER] stories regarding this case between [START DATE] and [END DATE].

 b. [MEDIA OUTLET 2] published/broadcast [NUMBER] stories regarding this case between [START DATE] and [END DATE].

 c. The media coverage has included [DESCRIBE PREJUDICIAL CONTENT: e.g., prior criminal history, inflammatory characterizations, victim impact statements, community reaction].

5. The prejudicial nature of this publicity is such that prospective jurors in [________________________________] County have been exposed to information that would not be admissible at trial, including but not limited to [________________________________].

B. Community Bias

6. The community of [________________________________] County has demonstrated bias against the Defendant as evidenced by:

 a. [________________________________]

 b. [________________________________]

 c. [________________________________]

C. Danger of Mob Violence or Community Hostility

7. [IF APPLICABLE: There exists a danger of mob violence or extraordinary community hostility toward the Defendant, as demonstrated by:]

 a. [________________________________]

 b. [________________________________]

D. Other Facts Demonstrating Inability to Obtain Fair Trial

8. Additional facts demonstrating that a fair and impartial trial cannot be had in [________________________________] County include:

 a. [________________________________]

 b. [________________________________]

Supporting Evidence

Media Coverage Log

Social Media Posts and Public Statements

9. The following social media posts and public statements further demonstrate the pervasive community prejudice:

 a. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION OF POST/STATEMENT]

 b. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION OF POST/STATEMENT]

 c. [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION OF POST/STATEMENT]

Polling Data (If Applicable)

10. [IF APPLICABLE: A public opinion survey/poll conducted by [POLLING FIRM] on [DATE] demonstrates that [PERCENTAGE]% of [________________________________] County residents have already formed an opinion regarding the Defendant's guilt.]

Statutory and Constitutional Authority

A. Alabama Statutory Authority

11. AL Code § 15-2-20 provides that the court shall order a change of venue when the defendant demonstrates that a fair and impartial trial cannot be had in the county where the case is pending due to prejudice, danger of mob violence, or other facts showing inability to obtain a fair trial.

B. Alabama Constitutional Authority

12. Alabama Constitution, Article I, Section 6 guarantees the right to a fair trial by an impartial jury.

C. Federal Constitutional Authority

13. The Sixth Amendment to the United States Constitution guarantees the right to a trial by an impartial jury.

14. The Fourteenth Amendment to the United States Constitution guarantees due process of law, which includes the right to a fair trial free from prejudice. See Irvin v. Dowd, 366 U.S. 717 (1961); Sheppard v. Maxwell, 384 U.S. 333 (1966).

D. Alabama Case Law

15. In Howard v. State, 178 So. 2d 520 (Ala. 1965), the Alabama Supreme Court addressed change of venue standards.

16. In Braswell v. Money, 344 So. 2d 767 (Ala. 1977), the Court held that venue rulings are reviewed without any presumption in favor of the lower court's ruling.

Factors for the Court to Consider

17. The Court should consider the following factors in evaluating this Motion:

☐ The nature and extent of pretrial publicity

☐ The size of the community and the likelihood that prospective jurors have been exposed to the publicity

☐ The inflammatory or prejudicial nature of the media coverage

☐ The time elapsed between the publicity and the trial

☐ The degree of community hostility toward the Defendant

☐ Whether the publicity included information that would be inadmissible at trial

☐ Whether alternative remedies (e.g., extended voir dire, jury questionnaires) would be adequate

☐ The danger of mob violence or need for military guard

Proposed Alternative Venue

18. The Defendant respectfully proposes that this matter be transferred to [________________________________] County, Alabama, which is the nearest county free from exception, because:

 a. [________________________________] County has not been subject to the same level of media saturation regarding this case.

 b. [________________________________] County has adequate court facilities to accommodate this trial.

 c. The transfer would serve the interests of justice while minimizing inconvenience to all parties.

List of Affidavits and Exhibits

Proposed Order

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

STATE OF ALABAMA v. [DEFENDANT NAME]

Case No.: [________________________________]

ORDER GRANTING CHANGE OF VENUE

Upon consideration of the Defendant's Motion for Change of Venue, supporting affidavits, exhibits, and arguments of counsel, and the Court being sufficiently advised, it is hereby:

ORDERED that the Defendant's Motion for Change of Venue is GRANTED.

ORDERED that this matter is transferred from [________________________________] County to [________________________________] County, Alabama, for trial.

ORDERED that the Clerk of this Court shall transmit all records and documents to the Circuit Clerk of [________________________________] County.

Done this [____] day of [________________________________], 20[____].

________________________________________
Circuit Judge

Verification

STATE OF ALABAMA )
        ) ss.
COUNTY OF [________________________________] )

I, [DEFENDANT NAME], being duly sworn, state that the facts set forth in the foregoing Motion for Change of Venue are true and correct to the best of my knowledge, information, and belief.

________________________________________
[DEFENDANT NAME]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

________________________________________
Notary Public
My Commission Expires: [________________________________]

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Change of Venue, together with all supporting affidavits and exhibits, was served upon:

[DISTRICT ATTORNEY NAME]
District Attorney, [________________________________] County
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Alabama [ZIP CODE]

by: ☐ Hand delivery ☐ U.S. Mail ☐ Electronic filing ☐ Facsimile

________________________________________
[ATTORNEY NAME]
[BAR NUMBER]
Attorney for Defendant
[LAW FIRM NAME]
[ADDRESS LINE 1]
[CITY], Alabama [ZIP CODE]
[PHONE]
[EMAIL]

Alabama Practice Notes

Standard of Review: Venue change rulings in Alabama are reviewed without any presumption in favor of the judgment or ruling of the lower court, which is effectively a de novo standard. Braswell v. Money, 344 So. 2d 767 (Ala. 1977).

Interlocutory Appeal: Denial of a motion for change of venue is generally not subject to interlocutory appeal in Alabama. The issue must be preserved and raised on appeal from final judgment.

Jury Questionnaire Alternative: Before ordering a change of venue, courts may consider whether extended voir dire or jury questionnaires can adequately address any prejudice. However, this is not a substitute where prejudice is pervasive.

Sworn Application Required: Under AL Code § 15-2-20, the motion must be sworn to by the defendant.

One Removal Limit: Only one removal per case is permitted.

Nearest County: The case must be transferred to the nearest county free from the same exception.

Court's Own Motion: The trial judge may order a change of venue on the court's own motion if there is a danger of mob violence, provided the defendant consents.