Motion for Change of Venue

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. Certificate of Service
12. Arizona Practice Notes

Caption

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to Arizona Rule of Criminal Procedure 10.3 and the Arizona Constitution, Article II, Section 24, for an order transferring the place of trial to another county where a fair and impartial trial can 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, Arizona.

3. The pretrial conference is scheduled for [DATE] / has already occurred on [DATE].

4. Since the filing of charges, the following circumstances have created conditions preventing a fair trial in [________________________________] County:

[________________________________]

Grounds for Change of Venue

A. Pretrial Publicity and Community Prejudice

5. Extensive media coverage has saturated [________________________________] County, creating pervasive community prejudice against the Defendant. Specifically:

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

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

 c. The coverage has included prejudicial content such as [DESCRIBE CONTENT].

6. The prejudicial publicity includes information inadmissible at trial, including:

 a. [________________________________]

 b. [________________________________]

B. Other Facts Preventing a Fair and Impartial Trial

7. [IF APPLICABLE: The following additional facts show that a fair and impartial trial cannot be had in the current county:]

 a. [________________________________]

 b. [________________________________]

C. Limits of the Rule

8. Rule 10.3 does not make witness convenience or generalized interests of justice independent grounds for a superior-court criminal transfer. Any additional circumstance should be tied to the inability to obtain a fair and impartial trial:

 a. [________________________________]

 b. [________________________________]

D. General Prejudice / Inability to Have Fair Trial

9. The totality of circumstances demonstrates that a fair and impartial trial cannot be had in [________________________________] County:

 a. [________________________________]

 b. [________________________________]

Supporting Evidence

Media Coverage Log

Social Media Posts and Public Statements

10. Social media and public statements demonstrate community prejudice:

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

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

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

Polling Data (If Applicable)

11. [IF APPLICABLE: A community survey conducted by [FIRM] on [DATE] shows that [PERCENTAGE]% of [________________________________] County residents have formed an opinion about the Defendant's guilt.]

Statutory and Constitutional Authority

A. Arizona Rules of Criminal Procedure

12. Rule 10.3(a) entitles a party to a change of the place of trial to another county only upon showing that the party cannot have a fair and impartial trial in the current place for a reason other than the trial judge's interest or prejudice.

13. Rule 10.3(b) requires proof of prejudice when the motion is based on pretrial publicity.

14. Rule 10.3(e) provides that venue rights are renewed on remand.

B. Procedure and Timeliness

15. Rule 10.3(c) requires a motion before trial and, in superior court, at or before a pretrial conference. A.R.S. § 22-204 applies to actions pending in justice court, while A.R.S. § 12-406 applies to civil actions pending in superior court; neither supplies the procedure for this superior-court criminal motion.

C. Arizona Constitutional Authority

16. Arizona Constitution, Article II, Section 24 provides that "[i]n criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel, ... to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed."

D. Federal Constitutional Authority

17. The Sixth Amendment guarantees the right to trial by an impartial jury.

18. The Fourteenth Amendment guarantees due process. See Irvin v. Dowd, 366 U.S. 717 (1961); Sheppard v. Maxwell, 384 U.S. 333 (1966).

E. Arizona Case Law

19. In State v. Cruz, 218 Ariz. 149, 156-57, ¶¶ 12-15, 181 P.3d 196 (2008), the Arizona Supreme Court addressed actual and presumptive prejudice from pretrial publicity. The official Court of Appeals decision in State v. Holmes, No. 1 CA-CR 25-0311, ¶¶ 13-14 (Ariz. App. July 8, 2026), applies that citation and standard.

20. In State v. Mulligan, 126 Ariz. 210, 613 P.2d 1266 (1980), the Court addressed the burden of proof for demonstrating community prejudice.

Factors for the Court to Consider

21. The Court should consider the following:

☐ The nature, extent, and timing of pretrial publicity

☐ The size of the community relative to the media coverage

☐ Whether the publicity is factual or inflammatory

☐ Whether the publicity includes information inadmissible at trial

☐ The degree of community hostility toward the Defendant

☐ Whether a sufficient number of impartial jurors can be seated

☐ The time elapsed between the publicity and the trial

☐ Whether alternative remedies (extended voir dire, jury questionnaires, continuances) would suffice

Proposed Alternative Venue

22. The Defendant proposes transfer to [________________________________] County, Arizona, because:

 a. That county has not experienced the same level of media saturation.

 b. Adequate court facilities are available.

 c. The transfer would serve the interests of justice.

 d. [________________________________]

List of Affidavits and Exhibits

Proposed Order

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

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

IT IS FURTHER ORDERED that this matter is transferred from [________________________________] County to [________________________________] County, Arizona, for trial.

IT IS FURTHER ORDERED that the Clerk of this Court shall transmit all records and documents to the Clerk of the Superior Court of [________________________________] County.

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

________________________________________
Judge, Superior Court

Certificate of Service

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

[COUNTY ATTORNEY NAME]
[________________________________] County Attorney's Office
[ADDRESS LINE 1]
[CITY], Arizona [ZIP CODE]

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

________________________________________
[ATTORNEY NAME]
[STATE BAR NO.]
Attorney for Defendant
[LAW FIRM NAME]
[ADDRESS LINE 1]
[CITY], Arizona [ZIP CODE]
[PHONE]
[EMAIL]

Arizona Practice Notes

Standard of Review: Abuse of discretion. The appellate court will not reverse a trial court's venue ruling absent a clear abuse of discretion.

Interlocutory Appeal: Limited. A decision denying a change of venue is generally reviewable only on appeal from final judgment, not by interlocutory appeal.

Timeliness: In superior court, the motion must be filed at or before the pretrial conference. Failure to timely raise venue objections results in waiver.

Proof of Prejudice Required: Under Rule 10.3(b), when the motion is based on pretrial publicity, the movant must provide proof of actual prejudice in the community.

Supporting Evidence: Rule 10.3 does not impose the justice-court/civil affidavit-and-five-day-notice procedure formerly stated here. Attach admissible materials supporting actual or presumptive prejudice and comply with the court's motion-practice and evidentiary requirements.

Renewal on Remand: Under Rule 10.3(e), venue rights are renewed on remand, allowing a defendant to raise venue issues again after a case is sent back for retrial.