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 Declarations and Exhibits
10. Proposed Order
11. Certificate of Service
12. California Practice Notes

Caption

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

THE PEOPLE OF THE STATE OF CALIFORNIA,

  Plaintiff,

v.          Case No.: [________________________________]

[DEFENDANT NAME],

  Defendant.

MOTION FOR CHANGE OF VENUE

(Cal. Penal Code § 1033)

Date: [________________________________]
Time: [________________________________]
Dept.: [________________________________]
Judge: [________________________________]

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to California Penal Code Section 1033 and the California Constitution, Article I, Section 16, for an Order changing the venue of the above-captioned criminal matter from [________________________________] County to another county where a fair and impartial trial may be obtained.

This motion is made on the grounds that there is a reasonable likelihood that a fair and impartial trial cannot be had in [________________________________] County due to [pretrial publicity / community prejudice / other grounds].

This motion is based on this notice of motion, the attached declaration(s), the supporting exhibits, the records and files of this case, and such oral argument as may be presented at the hearing.

Statement of Facts

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

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

3. Trial is currently set for [TRIAL DATE].

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

[________________________________]

Grounds for Change of Venue

A. Pretrial Publicity and Community Prejudice

5. There is a reasonable likelihood that a fair and impartial trial cannot be had in [________________________________] County due to extensive pretrial publicity:

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

6. The media coverage has disseminated information that would be inadmissible at trial:

 a. [________________________________]

 b. [________________________________]

B. Exhaustion of Jury Panels / Inability to Secure a Jury

7. [IF APPLICABLE: The intensity of publicity and community prejudice is such that an impartial jury cannot be impaneled from the population of [________________________________] County:]

 a. [________________________________]

 b. [________________________________]

C. Convenience and Administration of Justice

8. [IF APPLICABLE: Administrative considerations support a change of venue:]

 a. [________________________________]

D. Public Safety Concerns

9. [IF APPLICABLE: Public safety considerations warrant a change of venue:]

 a. [________________________________]

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 attitude survey conducted by [FIRM] on [DATE] demonstrates that [PERCENTAGE]% of [________________________________] County residents have formed an opinion regarding Defendant's guilt.]

Statutory and Constitutional Authority

A. California Penal Code

12. Penal Code § 1033 authorizes the court to order a change of venue when it appears that there is a reasonable likelihood that a fair and impartial trial cannot be had in the county.

13. Penal Code § 1036.7 provides an alternative: selecting the jury in the receiving county and bringing them to the original county for trial (moving the jury rather than the case).

14. Penal Code § 1037 provides that the transferring court/county pays costs incurred by the receiving court.

B. California Rules of Court

15. Rule 4.150 provides that the case remains a case of the transferring court, and pretrial and post-verdict proceedings generally remain in that court.

16. Rule 4.151(b) requires the court to consider whether impaneling a fair jury is possible before ordering a transfer.

C. California Constitutional Authority

17. California Constitution, Article I, Section 16 guarantees the right to trial by jury.

D. Federal Constitutional Authority

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

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

E. California Case Law

20. In People v. Superior Court (Stanley), 24 Cal.3d 622 (1979), the California Supreme Court established the "reasonable likelihood" standard for change of venue.

21. In People v. Simon, 25 Cal.4th 1082 (2001), the Court held that objections to venue are generally waived if not raised before the start of trial.

Factors for the Court to Consider

22. The Court should evaluate the following factors:

☐ The nature and gravity of the offense

☐ The nature and extent of the media coverage

☐ The size of the community

☐ The status of the defendant in the community

☐ The popularity and prominence of the victim

☐ Whether the publicity contains the defendant's confession or other highly prejudicial information

☐ Whether the media coverage is factual or sensational

☐ The time between the publicity and the trial

☐ Whether the case is of a type that naturally attracts strong community reaction

☐ Whether impaneling a fair jury is possible (Rule 4.151(b))

Proposed Alternative Venue

23. The Defendant proposes that this matter be transferred to [________________________________] County, California, because:

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

 b. Adequate court facilities and resources are available.

 c. The transfer serves the interests of justice.

24. In the alternative, the Defendant requests that the Court order jury selection in [________________________________] County and transport the jury to [________________________________] County for trial pursuant to Penal Code § 1036.7.

List of Declarations and Exhibits

Proposed Order

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

THE PEOPLE OF THE STATE OF CALIFORNIA v. [DEFENDANT NAME]

Case No.: [________________________________]

ORDER GRANTING CHANGE OF VENUE

The Defendant's Motion for Change of Venue having come before this Court on [DATE], the Court having considered the motion, declarations, exhibits, and arguments of counsel:

IT IS ORDERED that the Motion for Change of Venue is GRANTED.

IT IS FURTHER ORDERED that the trial of this matter is transferred to the Superior Court of the State of California, County of [________________________________].

[ALTERNATIVELY:]

IT IS ORDERED that a jury shall be selected in [________________________________] County and transported to [________________________________] County for trial pursuant to Penal Code § 1036.7.

IT IS FURTHER ORDERED that the Clerk shall transmit all necessary records to the receiving court.

DATED: [________________________________]

________________________________________
Judge of the Superior Court

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 declarations and exhibits, was served upon:

[DISTRICT ATTORNEY / PROSECUTOR NAME]
Office of the District Attorney
County of [________________________________]
[ADDRESS LINE 1]
[CITY], California [ZIP CODE]

by: ☐ Personal service ☐ U.S. Mail ☐ Electronic filing ☐ Facsimile

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

California Practice Notes

Standard of Review: Abuse of discretion. The trial court's ruling on a change of venue motion will not be disturbed absent a clear abuse of discretion.

Interlocutory Appeal: Limited. The denial of a change of venue motion is generally reviewed only on appeal from final judgment. However, extraordinary writ relief (e.g., mandate or prohibition) may be available in rare cases.

Filing Deadline: The motion must be filed at least 10 days before the trial date, unless good cause is shown. Service on the adverse party must also occur at least 10 days before the hearing.

Declaration Required: California uses declarations under penalty of perjury (not affidavits). The motion must be supported by a declaration stating the facts.

"Reasonable Likelihood" Standard: The defendant must show a "reasonable likelihood" that a fair trial cannot be had. People v. Superior Court (Stanley), 24 Cal.3d 622 (1979).

Moving the Jury Alternative: Under Penal Code § 1036.7, the court may select jurors from another county and transport them to the original county, rather than moving the entire case.

Waiver: Objections to venue are waived if not raised before the start of trial. People v. Simon, 25 Cal.4th 1082 (2001).

Case Remains with Transferring Court: Under Rule 4.150, the case remains a case of the transferring court. Pretrial and post-verdict proceedings generally stay in the transferring court.

Cost Allocation: The transferring county pays costs incurred by the receiving court (Pen. Code § 1037).