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. Colorado Practice Notes

Caption

DISTRICT COURT, [________________________________] COUNTY, COLORADO

Court Address: [________________________________]

THE PEOPLE OF THE STATE OF COLORADO,

  Plaintiff,

v.          Case No.: [________________________________]

[DEFENDANT NAME],

  Defendant.

Division: [________________________________]
Courtroom: [________________________________]

MOTION FOR CHANGE OF VENUE

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to C.R.S. § 16-6-102, Colorado Rules of Criminal Procedure, Rule 21, and the Colorado Constitution, Article II, 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.

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, Colorado.

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 (Massive, Pervasive, or Prejudicial)

4. The media coverage surrounding this case has been massive, pervasive, and prejudicial:

 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 inflammatory and prejudicial content such as [DESCRIBE CONTENT].

5. The publicity has disseminated information that would be inadmissible at trial:

 a. [________________________________]

 b. [________________________________]

B. Community Prejudice or Hostility

6. The community of [________________________________] County has demonstrated bias and hostility toward the Defendant:

 a. [________________________________]

 b. [________________________________]

 c. [________________________________]

C. Convenience of Witnesses and Parties

7. [IF APPLICABLE: A change of venue would better serve the convenience of witnesses and parties:]

 a. [________________________________]

 b. [________________________________]

D. Interests of Justice

8. [IF APPLICABLE: The interests of justice require a change of venue because:]

 a. [________________________________]

 b. [________________________________]

E. Safety Concerns

9. [IF APPLICABLE: Safety concerns for the defendant, witnesses, or the fairness of proceedings 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 survey conducted by [FIRM] on [DATE] shows that [PERCENTAGE]% of county residents have formed an opinion about Defendant's guilt.]

Statutory and Constitutional Authority

A. Colorado Statutory Authority

12. C.R.S. § 16-6-102 provides that the court shall order a change of venue when a fair and impartial trial cannot be had in the county where the case is pending.

B. Colorado Rules of Criminal Procedure

13. Rule 21 of the Colorado Rules of Criminal Procedure governs transfer of criminal cases for trial and authorizes venue changes for prejudice, convenience, or the interests of justice.

C. Colorado Constitutional Authority

14. Colorado Constitution, Article II, Section 16 guarantees that "[i]n criminal prosecutions the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusation; ... to have a speedy public trial by an impartial jury."

D. Federal Constitutional Authority

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

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

E. Colorado Case Law

17. In Sampson v. Dist. Ct., 197 Colo. 158, 590 P.2d 958 (1979), the Colorado Supreme Court addressed the standards for change of venue.

18. In Denver Air Ctr., Inc. v. Dist. Ct., 839 P.2d 1176 (Colo. 1992), the Court further clarified venue change procedures.

Factors for the Court to Consider

19. The Court should evaluate:

☐ The nature and extent of pretrial publicity

☐ Whether the publicity was massive, pervasive, and prejudicial

☐ The size of the community relative to the media coverage

☐ Whether the coverage is factual or inflammatory

☐ Whether the publicity includes information inadmissible at trial

☐ The degree of community hostility toward the Defendant

☐ The time elapsed between the publicity and the trial

☐ Whether alternative measures (jury questionnaires, extended voir dire) would be adequate

☐ The convenience of witnesses and parties

☐ The interests of justice

Proposed Alternative Venue

20. The Defendant proposes transfer to [________________________________] County, Colorado, because:

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

 b. Adequate court facilities are available.

 c. Transfer serves the interests of justice.

 d. [________________________________]

List of Affidavits and Exhibits

Proposed Order

DISTRICT COURT, [________________________________] COUNTY, COLORADO

THE PEOPLE OF THE STATE OF COLORADO 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, Colorado, for trial.

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

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

________________________________________
District Court Judge

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:

[DISTRICT ATTORNEY NAME]
Office of the District Attorney
[________________________________] Judicial District
[ADDRESS LINE 1]
[CITY], Colorado [ZIP CODE]

by: ☐ Hand delivery ☐ U.S. Mail ☐ ICCES/E-filing ☐ Facsimile

________________________________________
[ATTORNEY NAME]
[COLORADO ATTORNEY REG. NO.]
Attorney for Defendant
[LAW FIRM NAME]
[ADDRESS LINE 1]
[CITY], Colorado [ZIP CODE]
[PHONE]
[EMAIL]

Colorado 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. Denial of a change of venue is generally not subject to interlocutory appeal but may be reviewable in extraordinary circumstances.

Affidavit Required: The motion must be accompanied by one or more affidavits setting forth the supporting facts, or by a stipulation of the parties.

Written Order Required: Every order for a change of venue must be in writing and signed by the judge.

Court Form: Colorado courts provide JDF 1323 as a standard form for motions for change of venue. Consider using or referencing this form.

Jury Questionnaires as Alternative: Courts may use jury questionnaires and extended voir dire as alternatives to a full change of venue. Be prepared to address why these alternatives are insufficient.

Multiple-County Offenses: If the offense was committed in multiple counties, Rule 21 permits transfer within the judicial district.