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. Delaware Practice Notes

Caption

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [________________________________] COUNTY

STATE OF DELAWARE,

  Plaintiff,

v.          Case No.: [________________________________]
             ID No.: [________________________________]

[DEFENDANT NAME],

  Defendant.

MOTION FOR CHANGE OF VENUE (TRANSFER FOR TRIAL)

Motion for Change of Venue

COMES NOW the Defendant, [DEFENDANT NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to Superior Court Criminal Rule 21 and the Delaware Constitution, Article I, Bill of Rights, for an Order transferring the trial of this criminal matter from [________________________________] County 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, Delaware.

3. Arraignment was held on [DATE] / is scheduled for [DATE].

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

[________________________________]

Grounds for Change of Venue

A. Community Prejudice and Pretrial Publicity

5. There exists a reasonable probability that a fair and impartial trial cannot be obtained in [________________________________] County due to pervasive 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 [DESCRIBE PREJUDICIAL CONTENT].

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

 a. [________________________________]

 b. [________________________________]

B. Convenience of Parties and Witnesses

7. [IF APPLICABLE: The convenience of parties and witnesses supports transfer:]

 a. [________________________________]

 b. [________________________________]

C. Interest of Justice

8. [IF APPLICABLE: The interest of justice requires a change of venue:]

 a. [________________________________]

D. Related Offenses in Multiple Counties

9. [IF APPLICABLE: Related offenses have been alleged in more than one county, and consolidation/transfer would serve judicial efficiency:]

 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] demonstrates that [PERCENTAGE]% of county residents have formed an opinion regarding Defendant's guilt.]

Statutory and Constitutional Authority

A. Delaware Superior Court Criminal Rules

12. Rule 21 (Transfer for Trial) authorizes the court to transfer a criminal case for trial to another county upon a showing of prejudice, for the convenience of parties and witnesses, or in the interest of justice.

13. Rule 18 provides that prosecution shall be had in the county in which the offense is alleged to have been committed.

14. Rule 22 provides that the motion may be made at or before arraignment, or at such other time as the court or rules prescribe.

B. Delaware Constitutional Authority

15. The Delaware Constitution, Article I, Bill of Rights provides that "[i]n all criminal prosecutions, the accused has a right to be heard personally and by counsel, to be plainly and fully informed of the nature and cause of the accusation."

C. Federal Constitutional Authority

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

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

D. Delaware Case Law

18. In Dawson v. State, 581 A.2d 1078 (Del. 1990), the Delaware Supreme Court addressed the standards for evaluating change of venue motions.

19. In Riley v. State, 496 A.2d 997 (Del. 1985), the Court addressed the abuse of discretion standard for venue change rulings.

Factors for the Court to Consider

20. The Court should evaluate:

☐ The nature and extent of pretrial publicity

☐ The size of the community (Delaware has only three counties)

☐ 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, jury questionnaires, continuance) are adequate

☐ Whether the proposed alternative county has also been affected by publicity

☐ The convenience of parties and witnesses

Proposed Alternative Venue

21. The Defendant proposes transfer to [________________________________] County, Delaware, because:

 a. That county has experienced less exposure to prejudicial media coverage.

 b. Adequate court facilities are available at the Superior Court in [________________________________].

 c. Transfer serves the interests of justice.

List of Affidavits and Exhibits

Proposed Order

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [________________________________] COUNTY

STATE OF DELAWARE 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:

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 for trial.

IT IS FURTHER ORDERED that the Prothonotary shall transmit all papers and bail to the receiving court in [________________________________] County pursuant to Rule 21(c).

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:

[DEPUTY ATTORNEY GENERAL NAME]
Department of Justice
[ADDRESS LINE 1]
[CITY], Delaware [ZIP CODE]

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

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

Delaware 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. Riley v. State, 496 A.2d 997 (Del. 1985).

Interlocutory Appeal: Limited. Interlocutory certification requires the trial court to certify the order for appeal within 10 days under Delaware Supreme Court Rule 42. The Supreme Court then has discretion to accept or deny the appeal.

Timeliness: Under Rule 22, the motion may be made at or before arraignment, or at such other time as the court or rules prescribe.

Small State Considerations: Delaware has only three counties (New Castle, Kent, and Sussex). Statewide media coverage may affect all potential venues, making it important to demonstrate a meaningful difference in publicity exposure between the current and proposed county.

Record Transmission: Upon transfer, the Prothonotary transmits all papers and bail to the receiving county under Rule 21(c).

Essential Findings Required: The court should state essential findings on the record when ruling on a venue change motion.