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. Georgia Practice Notes

Caption

IN THE SUPERIOR COURT OF [________________________________] COUNTY

STATE OF GEORGIA

STATE OF GEORGIA,

  Plaintiff,

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

[DEFENDANT NAME],

  Defendant.

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 O.C.G.A. § 17-7-150 and the Georgia Constitution, Article I, Section I, Paragraph XI, for an Order changing the venue of this 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 returned on or about [DATE].

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

3. Since the filing of charges, the following circumstances have created an inherently prejudicial trial setting in [________________________________] County:

[________________________________]

Grounds for Change of Venue

A. Pretrial Publicity and Community Prejudice

4. Pervasive media coverage has created an inherently prejudicial trial setting in [________________________________] County:

 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].

5. The publicity has included information inadmissible at trial:

 a. [________________________________]

 b. [________________________________]

B. Actual Juror Bias

6. [IF APPLICABLE: Actual juror bias has been demonstrated during jury selection or is likely given the following:]

 a. [________________________________]

 b. [________________________________]

C. Danger of Violence to Defendant

7. [IF APPLICABLE: There is a danger of violence to the Defendant if the trial is conducted in [________________________________] County:]

 a. [________________________________]

 b. [________________________________]

D. Prejudicial Conduct by Officials

8. [IF APPLICABLE: A local government official publicly released information prejudicial to the administration of justice:]

 a. [________________________________]

9. [IF APPLICABLE: The prosecuting attorney has been recused, disqualified, or removed:]

 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. Georgia Statutory Authority

12. O.C.G.A. § 17-7-150 provides detailed procedures for change of venue, including:
    - Either the defendant or the prosecuting attorney may file a written motion.
    - The judge shall hear the motion at such time and place as the judge directs.
    - The judge may hear evidence by affidavit or oral testimony.
    - The judge must consult with the chief superior court judge of the transfer circuit.
    - The jury may be selected from the transfer county while the trial remains in the original county.

B. Georgia Constitutional Authority

13. Georgia Constitution, Article I, Section I, Paragraph XI provides that "[i]n criminal cases, the defendant shall have a public and speedy trial by an impartial jury; and the jury shall be the judges of the law and the facts."

C. 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).

D. Georgia Case Law

16. In Butts v. State, 273 Ga. 760, 546 S.E.2d 472 (2001), the Georgia Supreme Court addressed venue change standards.

17. In Burks v. State, 318 Ga. 147, 897 S.E.2d 434 (2024), the Court further addressed change of venue procedures.

Factors for the Court to Consider

18. The Court should evaluate:

☐ The nature and extent of pretrial publicity

☐ Whether an inherently prejudicial trial setting exists

☐ 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

☐ Evidence of actual juror bias

☐ The degree of community hostility toward the Defendant

☐ Whether the prosecuting attorney has been recused or removed

☐ Whether a local official released prejudicial information

☐ Whether a danger of violence to the defendant exists

☐ Whether alternative remedies (voir dire, jury questionnaires, importing a jury) are adequate

☐ Logistical factors (calendars, costs, security) for the proposed transfer county

Proposed Alternative Venue

19. The Defendant proposes transfer to [________________________________] County, Georgia (within the [________________________________] Judicial Circuit), 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. [________________________________]

20. In the alternative, the Defendant requests that a jury be selected from [________________________________] County and brought to [________________________________] County for trial, as authorized by O.C.G.A. § 17-7-150.

List of Affidavits and Exhibits

Proposed Order

IN THE SUPERIOR COURT OF [________________________________] COUNTY

STATE OF GEORGIA

STATE OF GEORGIA v. [DEFENDANT NAME]

Case No.: [________________________________]

ORDER GRANTING CHANGE OF VENUE

Upon consideration of the Defendant's Motion for Change of Venue, supporting evidence, and arguments of counsel, and after consultation with the Chief Superior Court Judge of the [________________________________] Judicial Circuit:

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

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

[OR, ALTERNATIVELY:]

IT IS FURTHER ORDERED that the jury shall be selected from [________________________________] County and transported to [________________________________] County for trial.

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

SO ORDERED this [____] day of [________________________________], 20[____].

________________________________________
Superior Court Judge
[________________________________] Judicial Circuit

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 Circuit
[ADDRESS LINE 1]
[CITY], Georgia [ZIP CODE]

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

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

Georgia Practice Notes

Standard of Review: Abuse of discretion. Butts v. State, 273 Ga. 760, 546 S.E.2d 472 (2001).

Interlocutory Appeal: Limited. O.C.G.A. § 17-7-150 provides a procedure for appealing denial of change of venue, but it is subject to specific statutory requirements and is not an automatic right.

Written Motion Required: The motion must be in writing.

Either Party May File: Both the defendant and the prosecuting attorney have the right to file a written motion for change of venue.

Court's Own Motion: The judge may change venue on the court's own motion if there is a danger of violence to the defendant.

Consultation Required: The judge must consult with the chief superior court judge of the transfer circuit and consider logistical factors (calendars, costs, security) when selecting the transfer county.

Imported Jury Alternative: As an alternative to full transfer, the jury may be selected from the transfer county while the trial remains in the original county of venue.

Evidence: The judge may hear evidence by affidavit or oral testimony in support of or against the motion.