Motion for Change of Venue - Alabama

Table of Contents

This version is for a prosecution by indictment. Rule 10.1(a) also covers a de novo appeal in which a jury is demanded; adapt the caption and allegations for that route.

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

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and moves under Ala. Code § 15-2-20, Ala. R. Crim. P. 10.1, and Alabama Constitution, Article I, Section 6, to change the place of trial from [________________________________] County to the nearest county free from the demonstrated prejudice.

In support of this Motion, Defendant states as follows:

Statement of Facts

1. The Defendant, [DEFENDANT NAME], has been charged with [CHARGES] by an indictment filed on [__/__/____]. The indictment is attached as Exhibit [____].

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

3. The following identified facts show why a fair and impartial trial and unbiased verdict cannot reasonably be expected in [________________________________] County:

[________________________________]

Grounds for Change of Venue

A. Pretrial Publicity and Community Prejudice

4. The following media coverage bears on the requested change of place of trial:

• [MEDIA OUTLET 1] published or broadcast [NUMBER] stories between [START DATE] and [END DATE].

• [MEDIA OUTLET 2] published or broadcast [NUMBER] stories between [START DATE] and [END DATE].

• The coverage included [DESCRIBE SPECIFIC CONTENT], as shown in Exhibit [____].

5. The identified coverage reached prospective jurors in [________________________________] County as shown by [POLLING / VOIR DIRE / OTHER EVIDENCE]. It included [IDENTIFY INFORMATION AND EVIDENCE OF EXPOSURE].

B. Community Bias

6. Community prejudice is shown by:

• [FACT AND EXHIBIT]

• [FACT AND EXHIBIT]

• [FACT AND EXHIBIT]

C. Danger of Mob Violence or Community Hostility

7. [IF APPLICABLE: Describe specific threats of violence or community hostility and identify the supporting evidence:]

• [FACT AND EXHIBIT]

• [FACT AND EXHIBIT]

D. Other Facts Demonstrating Inability to Obtain Fair Trial

8. Additional facts bearing on whether a fair and impartial trial and unbiased verdict can reasonably be expected include:

• [FACT AND EXHIBIT]

• [FACT AND EXHIBIT]

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:

• [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION AND EXHIBIT]

• [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION AND EXHIBIT]

• [PLATFORM/SOURCE], dated [DATE]: [DESCRIPTION AND EXHIBIT]

Polling Data (If Applicable)

10. [IF APPLICABLE: A survey conducted by [POLLING FIRM] on [DATE] reports [RESULT]. State the sample, method, questions, and exhibits: [________________________________].]

Statutory and Constitutional Authority

A. Alabama Statutory Authority

11. Ala. Code § 15-2-20(a) permits a person charged with an indictable offense to apply for removal of the trial to another county, stating specific reasons why a fair and impartial trial cannot be had in the county where the indictment was found. The application must be sworn and made as early as practicable before trial. Ala. R. Crim. P. 10.1(a)-(c) supplies the change-of-place-of-trial scope, burden, oath, and earliest-opportunity requirements.

B. Alabama Constitutional Authority

12. Alabama Constitution, Article I, Section 6 provides for an impartial jury in prosecutions by indictment and permits a defendant to seek a statutory change of venue.

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 forbids a state to deprive a person of liberty without due process. Irvin v. Dowd, 366 U.S. 717 (1961), held on its record that a highly prejudiced jury denied a fair trial; Sheppard v. Maxwell, 384 U.S. 333 (1966), held that massive prejudicial publicity and the court's failure to control the trial denied due process. The particular record here is described in paragraphs [____] and Exhibits [____].

D. Review of Denial

15. Ala. Code § 15-2-20(b) permits review of a refusal after final judgment and directs the appellate court to decide the application without a presumption in favor of the lower court's ruling.

Factors for the Court to Consider

16. The Defendant bears the burden of showing, to the court's reasonable satisfaction, that a fair and impartial trial and unbiased verdict cannot reasonably be expected in the original county. Ala. R. Crim. P. 10.1(b). The following evidence bears on that showing; a checked item alone does not establish prejudice:

☐ 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

☐ Specific threats of violence or community hostility supported by the record

Proposed Alternative Venue

17. The Defendant proposes transfer to [________________________________] County, Alabama, as the nearest county free from the identified prejudice under Ala. Code § 15-2-24 and Ala. R. Crim. P. 10.1(a), because:

• [EVIDENCE ABOUT THAT COUNTY]

• [DISTANCE AND RELEVANT FACTS]

• [ANY OTHER RELEVANT FACT]

List of Affidavits and Exhibits

Proposed Order

File the proposed order as a separate document if the court's filing instructions require one.

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

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, the nearest county free from the identified prejudice, for trial.

ORDERED that the Clerk of this Court shall transmit the papers, evidence in the clerk's custody, and any appearance bond, deposit, or security to the Clerk of the receiving court under Ala. R. Crim. P. 10.3. Under Rule 10.3, the transferring judge shall preside over the case in the receiving court and seek the required assignment from the Chief Justice.

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

________________________________________
Circuit Judge

Verification

State of Alabama, 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: ☐ Delivery ☐ U.S. Mail ☐ Other method approved by the court for service on counsel: [________________________________]

Service was made at [ADDRESS / COURT-APPROVED ELECTRONIC ADDRESS]: [________________________________]. Ala. R. Crim. P. 34.1, 34.4.

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

Alabama Practice Notes

Appellate review: Under Ala. Code § 15-2-20(b), refusal of a criminal change-of-venue application may be reviewed after final judgment without a presumption in favor of the lower court's ruling. This statutory wording alone does not establish de novo review.

Review timing: Ala. Code § 15-2-20(b) expressly allows review of refusal after final judgment. This motion makes no claim of an interlocutory appeal as of right.

Alternative measures: Identify any voir dire, questionnaire, or other measure considered, and explain with record evidence why it would not provide a fair and impartial trial in the original county. Irvin and Sheppard turn on their particular records.

Sworn and timely application: Ala. Code § 15-2-20(a) requires the defendant's oath and an application as early as practicable before trial; Rule 10.1(c) requires a motion on oath at the earliest opportunity. Under Rule 10.2(a), a defendant can lose the Rule 10.1 right by allowing a proceeding to begin or continue without objection after learning of the grounds.

One-removal provision: Ala. Code § 15-2-24 says the trial may be removed only once. Irvin v. Dowd, 366 U.S. 717, 720-21 (1961), addressed an Indiana court's construction of its own one-change statute, which allowed a further transfer when an impartial jury could not be obtained. A further Alabama transfer requires separate analysis of Alabama law and the actual record.

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

Court's own motion: Ala. Code § 15-2-21 permits the trial judge, with the defendant's consent, to order a change when the judge finds danger of mob violence and considers a military guard advisable.