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 Affidavits and Evidence
9. Proposed Order
10. Certificate of Service
11. Illinois Practice Notes

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 venue from [________________________________] County, Illinois, to another county where a fair and impartial trial can be obtained, and in support thereof 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. Convenience of Parties and Witnesses

☐ A change of venue is warranted for the convenience of the parties and witnesses because:

• ☐ Key witnesses reside in [________________________________] County
• ☐ Relevant evidence is located in [________________________________]
• ☐ [________________________________]

D. Safety and Security Concerns

☐ The safety of the Defendant, witnesses, jurors, or court personnel is at risk due to:

• ☐ Documented threats (describe: [________________________________])
• ☐ Heightened security concerns at the courthouse
• ☐ Risk of jury tampering or intimidation
• ☐ [________________________________]

5. Statutory and Constitutional Authority

A. Illinois Statutory Authority

This motion is brought pursuant to 725 ILCS 5/114-6, which provides that the court may order a change of place of trial when the defendant cannot receive a fair trial in the county where the case is pending. Under 725 ILCS 5/114-1(a)(7), a motion to dismiss may be brought on the ground that the county is an improper place of trial, and the court may, in lieu of dismissal, order the cause transferred to a proper place of trial.

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 Court should consider the following factors in ruling on this motion, as established by Illinois case law:

☐ 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 less drastic remedies (e.g., continuance, expanded voir dire, jury admonitions) are adequate

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 Affidavits and Evidence

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

☐ Exhibit A: Affidavit of Defendant regarding inability to obtain a fair trial

☐ 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 transmit all records, files, and documents to the receiving court within [____] days.

4. The Defendant's bond conditions shall remain in effect pending transfer.

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: The motion for change of venue should be filed pretrial. Under Illinois practice, it is typically raised before jury selection begins.

• Burden of Proof: The Defendant bears the burden of demonstrating that a fair trial cannot be had in the current county. If the motion is based on improper place of trial under 725 ILCS 5/114-1(a)(7), the State bears the burden of proving proper venue after the defendant makes a prima facie showing.

• Judicial Discretion: The decision to grant or deny a change of venue rests within the sound discretion of the trial court and will not be reversed absent an abuse of discretion.

• Transfer vs. Dismissal: Under 725 ILCS 5/114-1, if the court finds the county is an improper place of trial, it may order transfer to a court of competent jurisdiction rather than dismissal.

• Alternative Remedies: Illinois courts may consider less drastic alternatives, such as expanded voir dire, jury questionnaires, continuances, or importing jurors from another county before ordering a change of venue.

• Appellate Review: Denial of a change of venue motion is typically reviewed for abuse of discretion on direct appeal. In extraordinary circumstances, mandamus or interlocutory appeal may be available.

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.