Motion for Change of Venue - Idaho

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

MOTION FOR CHANGE OF VENUE FOR TRIAL

Defendant [________________________________], through counsel, moves under Idaho Criminal Rule 21 to transfer this criminal proceeding from [________________________________] County to another county of proper venue. The requested ground is:

☐ Prejudice, Rule 21(a). A fair and impartial trial cannot be had in the county where this case is pending. If the Court is satisfied of that fact, the rule requires transfer to another county.

☐ Convenience, Rule 21(b). Transfer would serve the convenience of the parties and witnesses and the interest of justice. The rule gives the Court discretion to transfer on the defendant's motion.

Requested receiving county or judicial district, if known: [________________________________]

Facts supporting transfer

1. The charged offense and current trial setting are: [________________________________].

2. The facts showing prejudice, including relevant publicity or community circumstances, are: [________________________________].

3. The facts concerning the convenience of parties and witnesses and the interest of justice are: [________________________________].

4. The reasons the requested destination is a court of proper venue are: [________________________________].

5. The supporting declarations, exhibits, or other records are: [________________________________].

Defendant requests a hearing if the Court needs evidence or argument to decide the motion. Rule 21 permits a transfer motion at or before arraignment, or at another time prescribed by the Court or the rules. Defendant files this motion on [__/__/____]; arraignment was or will be on [__/__/____], and trial is set for [__/__/____].

Defendant asks the Court to find the selected Rule 21 ground established and enter a transfer order using the applicable procedure in Rule 21(c). Defendant also requests any scheduling directions needed to implement the transfer.

Respectfully submitted,

[________________________________] Date: [__/__/____]

Attorney for Defendant | Idaho State Bar No. [________________________________]

Address: [________________________________] Telephone: [________________________________]

Email: [________________________________]

Proposed order

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT, STATE OF IDAHO, IN AND FOR [________________________________] COUNTY

ORDER ON MOTION FOR CHANGE OF VENUE

The Court has considered the motion and supporting record. It finds:

☐ Under Rule 21(a), a fair and impartial trial cannot be had in the county where this case is pending.

☐ Under Rule 21(b), transfer on the defendant's motion serves the convenience of parties and witnesses and the interest of justice.

Supporting findings: [________________________________]

The motion is ☐ GRANTED ☐ DENIED. If granted, the Court orders the transfer under one of the following procedures:

☐ Within this judicial district. The proceeding is transferred to [________________________________] Court in [________________________________] County, a court of proper venue. The undersigned judge continues the assignment unless the administrative district judge reassigns the case under Rule 21(c)(1).

☐ To a different judicial district; current judge seeks to continue. The undersigned judge indicates a desire to continue the assignment and suggests [________________________________] Court in [________________________________] County as a court of proper venue. The matter is referred to the administrative director of the courts for Supreme Court assignment of a court of proper venue and a specific presiding judge under Rule 21(c)(2)(A).

☐ To a different judicial district; current judge does not seek to continue. The proceeding is transferred to a different judicial district. The Court does not specify the new place of venue. The matter is referred to the administrative director of the courts for Supreme Court assignment of a court of proper venue and a specific presiding judge under Rule 21(c)(2)(B).

Additional scheduling directions: [________________________________]

DATED: [__/__/____]

District Judge: [________________________________]

Certificate of service

I certify that on [__/__/____] I served this motion and its attachments on [prosecuting attorney and service address: ________________________________] by ☐ iCourt electronic service ☐ mail ☐ hand delivery ☐ other [________________________________].

Signature: [________________________________]

Source: Idaho Criminal Rule 21.