Motion for Change of Venue

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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. Idaho Practice Notes

Caption

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

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

STATE OF IDAHO,

  Plaintiff,

v.          Case 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 Idaho Criminal Rule 21, Idaho Code §§ 19-3907 and 19-3908, and the Idaho Constitution, Article I, Sections 7 and 13, 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/COMPLAINT] filed on or about [DATE].

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

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. Prejudice — Fair Trial Cannot Be Had

5. Prejudice exists such that a fair and impartial trial cannot be had 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 coverage has included prejudicial content such as [DESCRIBE CONTENT].

6. The publicity has disseminated information inadmissible at trial:

 a. [________________________________]

 b. [________________________________]

7. Community prejudice is further demonstrated by:

 a. [________________________________]

 b. [________________________________]

B. Convenience of Parties and Witnesses

8. [IF APPLICABLE: Transfer would serve the convenience of parties and witnesses:]

 a. [________________________________]

 b. [________________________________]

C. Disqualification or Prejudice of the Judge

9. [IF APPLICABLE: Transfer is warranted because the judge or justice is disqualified or prejudiced:]

 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. Idaho Criminal Rules

12. Idaho Criminal Rule 21 provides for transfer of criminal cases for trial:
    - Rule 21(a): Transfer for prejudice -- either party may move, and transfer is mandatory if the court is satisfied a fair trial cannot be had.
    - Rule 21(b): Transfer for convenience -- only the defendant may move, and the court has discretion.
    - Rule 21(c)-(d): Procedures for transfer within or between judicial districts and judge assignments.

B. Idaho Statutory Authority

13. Idaho Code § 19-3907 provides additional authority for change of venue based on prejudice of the judge or inhabitants.

14. Idaho Code § 19-3908 addresses procedures for venue transfer, including affidavit requirements in justice courts.

C. Idaho Constitutional Authority

15. Idaho Constitution, Article I, Section 7 guarantees the right to trial by jury.

16. Idaho Constitution, Article I, Section 13 guarantees the right to due process of law in criminal actions.

D. Federal Constitutional Authority

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

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

E. Idaho Case Law

19. In State v. Ogden, 171 Idaho 258, 519 P.3d 1198 (2022), the Idaho Supreme Court addressed change of venue standards.

Factors for the Court to Consider

20. The Court should evaluate:

☐ The nature and extent of pretrial publicity

☐ 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

☐ The degree of community hostility toward the Defendant

☐ The time elapsed between the publicity and the trial

☐ Whether alternative remedies (extended voir dire, jury questionnaires, continuance) are adequate

☐ The convenience of parties and witnesses

☐ Whether transfer within the judicial district would suffice, or inter-district transfer is necessary

Proposed Alternative Venue

21. The Defendant proposes transfer to [________________________________] County, Idaho (within the [________________________________] Judicial District), 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. [________________________________]

List of Affidavits and Exhibits

Proposed Order

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

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

STATE OF IDAHO 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, Idaho, for trial.

IT IS FURTHER ORDERED that the Clerk of this Court shall transmit all records, documents, and bail to the receiving court.

DATED this [____] day of [________________________________], 20[____].

________________________________________
District Judge

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:

[PROSECUTING ATTORNEY NAME]
[________________________________] County Prosecuting Attorney
[ADDRESS LINE 1]
[CITY], Idaho [ZIP CODE]

by: ☐ Hand delivery ☐ U.S. Mail ☐ iCourt e-filing ☐ Facsimile

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

Idaho Practice Notes

Standard of Review: Abuse of discretion. State v. Ogden, 171 Idaho 258, 519 P.3d 1198 (2022).

Interlocutory Appeal: Limited. Interlocutory appeal may be available in certain circumstances but is not a guaranteed right.

Mandatory vs. Discretionary Transfer:

• Prejudice (Rule 21(a)): Either party may move. Transfer is mandatory if the court is satisfied a fair trial cannot be had.
• Convenience (Rule 21(b)): Only the defendant may move. Transfer is discretionary.

Timeliness: The motion may be made at or before arraignment, or as prescribed by the court.

Justice Court Proceedings: In justice/probate courts, the defendant must apply by affidavit and, in justice court, serve written notice on the prosecutor at least 24 hours before trial. Failure to provide the required notice may result in the defendant paying accrued costs if the change is granted.

Intra- vs. Inter-District Transfer: I.C.R. 21(c)-(d) detail separate procedures for transfer within the same judicial district versus transfer to a different judicial district, including judge assignment procedures.

Affidavit Recommended: While the district court rules do not impose a strict affidavit requirement for the motion itself, supporting the motion with affidavits is strongly recommended and may be required in justice court proceedings under Idaho Code § 19-3908.