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. Connecticut Practice Notes

Caption

SUPERIOR COURT OF CONNECTICUT

JUDICIAL DISTRICT OF [________________________________]

AT [________________________________]

STATE OF CONNECTICUT,

  Plaintiff,

v.          Docket No.: [________________________________]

[DEFENDANT NAME],

  Defendant.

MOTION FOR CHANGE OF VENUE (TRANSFER)

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to Connecticut General Statutes § 51-353 and Practice Book § 12-1 et seq., for an Order transferring this criminal case from the Judicial District of [________________________________] to another judicial district 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 [INFORMATION/INDICTMENT] in connection with events alleged to have occurred on or about [DATE OF ALLEGED OFFENSE] in [________________________________], Connecticut.

2. This case is currently pending in the Superior Court, Judicial District of [________________________________].

3. Since the filing of charges, circumstances have arisen that preclude a fair and impartial trial in this judicial district:

[________________________________]

Grounds for Change of Venue

A. Pretrial Publicity and Community Prejudice

4. Extensive pretrial publicity has saturated the Judicial District of [________________________________], making it impossible to impanel an impartial jury:

 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].

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

 a. [________________________________]

 b. [________________________________]

B. Improper Venue / Wrong Judicial District

6. [IF APPLICABLE: This case has been filed in the wrong judicial district because:]

 a. [________________________________]

C. Convenience of Witnesses and Ends of Justice

7. [IF APPLICABLE: A transfer would serve the convenience of witnesses and the ends of justice:]

 a. [________________________________]

 b. [________________________________]

D. Safety or Security Concerns

8. [IF APPLICABLE: Extraordinary local hostility or security concerns necessitate a transfer:]

 a. [________________________________]

 b. [________________________________]

Supporting Evidence

Media Coverage Log

Social Media Posts and Public Statements

9. 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)

10. [IF APPLICABLE: A community survey conducted by [FIRM] on [DATE] demonstrates that [PERCENTAGE]% of residents in this judicial district have formed an opinion regarding Defendant's guilt.]

Statutory and Constitutional Authority

A. Connecticut Statutory Authority

11. Conn. Gen. Stat. § 51-353 (formerly § 54-78) provides that any judge holding a criminal session of the Superior Court may, upon motion, order any criminal case pending in the court to be transferred to the superior court for any other judicial district.

B. Connecticut Practice Book

12. Practice Book § 12-1 et seq. governs transfers between judicial districts, including the procedural requirements and forms.

C. Connecticut Constitutional Authority

13. Connecticut Constitution, Article First, Section 8 provides that "[i]n all Criminal prosecutions, the accused shall have a right to be heard by himself and by counsel; to be informed of the nature and cause of the accusation; to a speedy and public trial by an impartial jury."

D. Federal Constitutional Authority

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

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

E. Connecticut Case Law

16. In State v. Reynolds, 264 Conn. 1, 836 A.2d 224 (2003), the Connecticut Supreme Court addressed the standards for evaluating change of venue motions.

17. In State v. Vitale, 190 Conn. 219, 460 A.2d 961 (1983), the Court addressed the factors courts consider in venue change decisions.

Factors for the Court to Consider

18. The Court should evaluate the following:

☐ The nature and extent of pretrial publicity

☐ The size and character of the judicial district

☐ Whether the publicity 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 remedies (voir dire, continuance) are adequate

☐ The totality of circumstances surrounding the case

☐ Convenience of witnesses and parties

☐ The interests of justice

Proposed Alternative Venue

19. The Defendant proposes transfer to the Judicial District of [________________________________], because:

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

 b. Adequate court facilities are available.

 c. Transfer serves the interests of justice.

 d. [________________________________]

List of Affidavits and Exhibits

Proposed Order

SUPERIOR COURT OF CONNECTICUT

JUDICIAL DISTRICT OF [________________________________]

STATE OF CONNECTICUT v. [DEFENDANT NAME]

Docket No.: [________________________________]

ORDER GRANTING TRANSFER 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 criminal case is transferred from the Judicial District of [________________________________] to the Judicial District of [________________________________] for trial.

IT IS FURTHER ORDERED that any person bound to appear in this case shall appear before the Superior Court for the Judicial District of [________________________________].

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:

[STATE'S ATTORNEY NAME]
Office of the State's Attorney
Judicial District of [________________________________]
[ADDRESS LINE 1]
[CITY], Connecticut [ZIP CODE]

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

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

Connecticut Practice Notes

Standard of Review: Trial courts exercise broad discretion. However, on appeal, the court performs an independent review of the totality of circumstances. State v. Reynolds, 264 Conn. 1 (2003).

Interlocutory Appeal: Denial of a change of venue is generally not subject to interlocutory appeal in Connecticut. The issue must be preserved and raised on direct appeal.

Burden of Proof: The defendant bears the burden of demonstrating that a fair and impartial trial cannot be had in the current judicial district.

Court's Authority: Under § 51-353, the judge may transfer on motion, sua sponte, or by stipulation of the parties.

Recognizance: The judge ordering the transfer may require an additional recognizance for the appearance of the accused before the receiving court.

No Statutory Limit: No statutory numeric limit on the number of venue changes was identified; judicial discretion governs.

Practice Book Forms: Consult Practice Book Chapter 12 for applicable forms and procedural requirements for transfers between judicial districts.