MOTION FOR CHANGE OF VENUE (CRIMINAL)

State of Iowa

TABLE OF CONTENTS

1. Caption
2. Introduction and Relief Sought
3. Statement of Facts
4. Grounds for Change of Venue
5. Statutory and Constitutional Authority
6. Factors for Court Consideration
7. Proposed Alternative Venue
8. Supporting Affidavits and Evidence
9. Proposed Order
10. Certificate of Service
11. Iowa Practice Notes

1. Caption

IN THE IOWA DISTRICT COURT
IN AND FOR [________________________________] COUNTY

2. Introduction and Relief Sought

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through undersigned counsel, and respectfully moves this Court pursuant to Iowa Rule of Criminal Procedure 2.11 for a change of venue from [________________________________] County, Iowa, on the grounds that there is a substantial likelihood a fair and impartial trial cannot be preserved with a jury selected from this county, and in support thereof states:

3. Statement of Facts

1. The Defendant has been charged with [________________________________] in Case No. [________________________________], pending in [________________________________] County, Iowa.

2. The charges arise from alleged events occurring on or about [__/__/____] in [________________________________], Iowa.

3. [________________________________]

4. The following conditions have created a substantial likelihood that a fair and impartial trial cannot be had in this county:
   - [________________________________]
   - [________________________________]
   - [________________________________]

4. Grounds for Change of Venue

A. Pretrial Publicity

☐ Pervasive and inflammatory publicity has saturated [________________________________] County, creating a substantial likelihood that a fair and impartial trial cannot be preserved:

• ☐ Print media articles (number: [____])
• ☐ Television news broadcasts (number: [____])
• ☐ Radio coverage (number: [____])
• ☐ Online and social media coverage (describe: [________________________________])
• ☐ Duration of coverage: [__/__/____] through [__/__/____]

B. Community Prejudice

☐ A substantial number of potential jurors in [________________________________] County could not be impartial, as evidenced by:

• ☐ Community demonstrations or protests
• ☐ Public statements by local officials or community leaders
• ☐ Social media campaigns expressing hostility toward the Defendant
• ☐ Public petitions or organized community opposition
• ☐ Other evidence of community prejudice: [________________________________]

C. Convenience of Parties and Witnesses

☐ Transfer of venue is warranted for the convenience of parties and witnesses:

• [________________________________]
• [________________________________]

D. Safety and Security Concerns

☐ The safety of the Defendant, witnesses, jurors, or court personnel is threatened:

• [________________________________]
• [________________________________]

5. Statutory and Constitutional Authority

A. Iowa Statutory and Rule Authority

Iowa Code § 803.2(1) provides that a criminal action shall be tried in the county in which the crime is committed, but the district court may grant a pretrial motion for change of venue.

Iowa Rule of Criminal Procedure 2.11 authorizes the court to order transfer of a criminal action to another county when there is a substantial likelihood that a fair and impartial trial cannot be preserved with a jury selected from the county in which trial is pending. The court may either order that the action be transferred to another county where that condition does not exist, or order that jurors be selected from another county.

B. Constitutional Authority

The Sixth Amendment to the United States Constitution guarantees the right to trial by an impartial jury. The Fourteenth Amendment guarantees due process. Article I, Section 10 of the Iowa Constitution guarantees the right to a speedy and public trial by an impartial jury.

6. Factors for Court Consideration

The Court should consider the following factors in evaluating this motion:

☐ a. Whether the pretrial publicity was pervasive and inflammatory

☐ b. Whether a substantial number of potential jurors from the county could not be impartial

☐ c. The nature and extent of media coverage and its prejudicial character

☐ d. Whether the publicity contained inadmissible or inflammatory information

☐ e. The size of the county population and the saturation of media coverage

☐ f. The time elapsed between the publicity and the trial date

☐ g. Whether the State or its agents contributed to the publicity

☐ h. The results of any attempted voir dire

☐ i. Whether alternative remedies (continuance, expanded voir dire, jury admonitions) are sufficient

7. Proposed Alternative Venue

The Defendant requests transfer to a county where the conditions giving rise to this motion do not exist:

Primary Preference: [________________________________] County, Iowa

Reasons:
- [________________________________]
- Geographic proximity: approximately [____] miles
- Unaffected by the pretrial publicity in [________________________________] County
- Adequate court facilities and resources

Secondary Preference: [________________________________] County, Iowa

Alternative Relief: In the alternative, the Defendant requests that the Court order jurors selected from another county to serve in this case, as permitted by Iowa R. Crim. P. 2.11.

8. Supporting Affidavits and Evidence

The following are attached in support of this motion:

☐ Exhibit A: Affidavit of Defendant

☐ Exhibit B: Affidavit(s) of [________________________________], community resident(s)

☐ Exhibit C: Media coverage compilation (print, broadcast, online)

☐ Exhibit D: Social media documentation and analysis

☐ Exhibit E: Expert report on pretrial publicity impact (if applicable)

☐ Exhibit F: Public opinion survey data (if applicable)

☐ Exhibit G: [________________________________]

9. Proposed Order

IN THE IOWA DISTRICT COURT
IN AND FOR [________________________________] COUNTY

ORDER ON MOTION FOR CHANGE OF VENUE

This matter coming before the Court on the Defendant's Motion for Change of Venue, the Court having considered the motion, supporting affidavits, exhibits, and arguments of counsel:

THE COURT FINDS that there is a substantial likelihood that a fair and impartial trial cannot be preserved with a jury selected from [________________________________] County.

IT IS THEREFORE ORDERED that:

☐ 1. The Defendant's Motion for Change of Venue is GRANTED.

☐ 2. This case is transferred to the Iowa District Court in and for [________________________________] County.

☐ 3. Alternatively, jurors shall be selected from [________________________________] County to serve in this case.

4. The Clerk shall transmit all records to the receiving court within [____] days.

5. The Defendant's conditions of release shall remain in effect.

6. [________________________________]

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

___________________________________________
Judge, Iowa District Court

10. Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Change of Venue and all attached exhibits was served upon:

[________________________________]
County Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing via Iowa Electronic Document Management System (EDMS)

___________________________________________
[ATTORNEY NAME]
Attorney for Defendant
Iowa Bar No. [________________________________]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

11. Iowa Practice Notes

• Substantial Likelihood Standard: Iowa R. Crim. P. 2.11 requires a showing that there is a "substantial likelihood a fair and impartial trial cannot be preserved" with jurors from the current county. This is a higher burden than mere possibility of prejudice.

• Two Remedies Available: The court may (1) transfer the entire case to another county, or (2) order that jurors be selected from another county to serve in the existing venue. Consider requesting both alternatives.

• Pervasive and Inflammatory Publicity: Iowa courts evaluate whether pretrial publicity is both pervasive (widely disseminated) and inflammatory (prejudicial in content). Quantify the reach and tenor of media coverage.

• Timing: File the motion pretrial in accordance with Iowa R. Crim. P. 2.11. Late motions may be considered in the court's discretion.

• Burden of Proof: The Defendant bears the burden of demonstrating that a fair trial cannot be had. Conclusory allegations are insufficient; provide concrete evidence of prejudice.

• Voir Dire as Alternative: Iowa courts may require attempted voir dire before granting a change of venue to determine if an impartial jury can be selected despite the publicity.

• Appellate Review: Denial is reviewed for abuse of discretion. Preserve the record thoroughly at the hearing.

This template is provided for informational purposes only and does not constitute legal advice. It should be reviewed and customized by a licensed Iowa attorney before filing. Legal requirements and procedures may change; verify all citations and rules before use.