Motion for Change of Venue - Illinois

MOTION FOR CHANGE OF VENUE (CRIMINAL)

State of Illinois

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 Affidavit and Evidence
9. Proposed Order
10. Certificate of Service
11. Illinois Practice Notes
12. Affidavit in Support

1. Caption

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT
[________________________________] COUNTY, ILLINOIS

2. Introduction and Relief Sought

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to 725 ILCS 5/114-6 for a change of place of trial from [________________________________] County, Illinois, to another county where a fair trial may be had. The attached affidavit states the facts showing the nature of the alleged local prejudice. Defendant requests the hearing required by section 114-6(b) and states as follows:

3. Statement of Facts

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

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

3. [________________________________]

4. Since the filing of charges, the following circumstances have created conditions preventing a fair and impartial trial in this county:

   • [________________________________]
   • [________________________________]
   • [________________________________]

4. Grounds for Change of Venue

A. Pretrial Publicity

☐ Extensive, pervasive, and prejudicial media coverage has saturated [________________________________] County, including:

• ☐ Print media articles (number of articles: [____])
• ☐ Television news broadcasts (number of segments: [____])
• ☐ Radio coverage (number of segments: [____])
• ☐ Online and social media coverage (describe scope: [________________________________])
• ☐ The coverage has been ongoing from [__/__/____] to [__/__/____]

B. Community Prejudice

☐ The inhabitants of [________________________________] County are so prejudiced against the Defendant that a fair trial cannot be had, as demonstrated by:

• ☐ Community protests or demonstrations against the Defendant
• ☐ Public statements by community leaders or officials
• ☐ Social media campaigns targeting the Defendant
• ☐ Threats against the Defendant or defense witnesses
• ☐ Other manifestations of community hostility: [________________________________]

C. Other Evidence of Local Prejudice

☐ Documented threats, local public statements, or attempts to influence prospective jurors show that Defendant cannot receive a fair trial in this county: [describe the conduct, source, date, and connection to the prospective jury pool: ________________________________].

5. Statutory and Constitutional Authority

A. Illinois Statutory Authority

Under 725 ILCS 5/114-6(a)-(c), a defendant may move to change the place of trial when prejudice among the county's inhabitants prevents a fair trial there. The motion must be written and supported by an affidavit stating facts that show the nature of the prejudice. The State may file counter-affidavits; the court must hold a hearing and, if it finds that the required prejudice exists, transfer the case to a circuit court in a county where a fair trial may be had.

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 of law, which includes the right to a fair trial free from prejudice. The Illinois Constitution, Article I, Section 8, similarly guarantees the right to a trial by an impartial jury.

6. Factors for Court Consideration

The following facts bear on Defendant's claimed inability to receive a fair trial in this county. Complete only those supported by the attached evidence:

☐ a. The nature and extent of pretrial publicity and its inflammatory character

☐ b. Whether the publicity was factual or sensationalized

☐ c. The size of the community and the likelihood that potential jurors have been exposed to the publicity

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

☐ e. The degree of community hostility toward the Defendant

☐ f. Whether the State contributed to or encouraged the publicity

☐ g. The results of jury voir dire, if attempted

☐ h. The difficulty of selecting an impartial jury

☐ i. Whether jury selection or another available measure would permit a fair trial in this county

7. Proposed Alternative Venue

The Defendant respectfully requests that this case be transferred to:

Primary Preference: [________________________________] County, [____] Judicial Circuit

Reasons:

• [________________________________]
• Geographic proximity to the current venue: approximately [____] miles
• Population and demographics permit a fair jury pool
• The alternative venue has not been affected by the pretrial publicity

Secondary Preference: [________________________________] County, [____] Judicial Circuit

8. Supporting Affidavit and Evidence

The following affidavits and exhibits are attached in support of this motion:

Exhibit A: Affidavit below, stating facts that show the nature of the alleged prejudice, as required by 725 ILCS 5/114-6(b)

☐ Exhibit B: Affidavit(s) of [________________________________], community member(s), regarding community prejudice

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

☐ Exhibit D: Social media screenshots and analysis

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

☐ Exhibit F: Survey or poll results regarding community opinion (if applicable)

☐ Exhibit G: [________________________________]

9. Proposed Order

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT
[________________________________] COUNTY, ILLINOIS

ORDER GRANTING CHANGE OF VENUE

This cause coming before the Court on the Defendant's Motion for Change of Venue, the Court having reviewed the motion, supporting affidavits, exhibits, and arguments of counsel, and being fully advised in the premises:

IT IS HEREBY ORDERED that:

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

2. This case is hereby transferred to the Circuit Court of [________________________________] County, [____] Judicial Circuit, State of Illinois.

3. The Clerk of this Court shall immediately prepare and transmit the record and papers required by 725 ILCS 5/114-6(d) to the receiving court.

4. Existing pretrial-release or custody arrangements shall be addressed as follows: [________________________________].

5. [________________________________]

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

___________________________________________
Judge, Circuit Court of Illinois

10. Certificate of Service

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

[________________________________]
State's Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing / e-service

___________________________________________
[ATTORNEY NAME]
Attorney for Defendant
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

11. Illinois Practice Notes

• Timing: File this motion promptly after the supporting facts are known and request a hearing before trial.

• Ground and evidence: Section 114-6 concerns prejudice among the county's inhabitants. The supporting affidavit must state facts showing the nature of that prejudice. An improper-place-of-trial challenge under section 114-1(a)(7) is a separate motion.

• Hearing: Section 114-6(b) requires the court to hold a hearing and determine the motion's merits; the State may submit counter-affidavits.

• Transfer: If the court finds prejudice that prevents a fair trial, section 114-6(c) requires transfer to a circuit court in a county where a fair trial may be had.

• Trial record: Identify the specific media, local statements, threats, survey findings, and jury-selection results supporting the claimed prejudice; attach available exhibits.

12. Affidavit in Support

AFFIDAVIT OF [________________________________]

I, [AFFIANT FULL NAME], being first duly sworn, state from personal knowledge:

1. I am [Defendant / other role and connection to this case: ________________________________].
2. The facts showing the nature of prejudice against Defendant among inhabitants of [________________________________] County are: [state specific events, dates, statements, sources, and the basis of personal knowledge: ________________________________].
3. The attached exhibits [identify each exhibit: ________________________________] fairly document the facts described above.
4. These facts support the motion's claim that Defendant cannot receive a fair trial in this county because [________________________________].

Further affiant sayeth not.

Signature of affiant: [________________________________] Date: [__/__/____]

Subscribed and sworn to before me on [__/__/____].

Notary public: [________________________________] Commission expires: [__/__/____]

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