Motion for Change of Venue - Indiana

MOTION FOR CHANGE OF VENUE (CRIMINAL)

State of Indiana

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. Verification
10. Proposed Order
11. Certificate of Service
12. Indiana Practice Notes

1. Caption

IN THE [________________________________] COURT
[________________________________] COUNTY, INDIANA

2. Introduction and Relief Sought

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by counsel, and respectfully files this Verified Motion for Change of Venue from [________________________________] County, Indiana, pursuant to Indiana Code § 35-36-6-1, and in support thereof states:

3. Statement of Facts

1. The Defendant has been charged with [________________________________] under Cause No. [________________________________], pending in [________________________________] County, Indiana.

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

3. [________________________________]

4. Since the filing of charges, the following conditions have created bias or prejudice in [________________________________] County:

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

4. Grounds for Change of Venue

A. Bias or Prejudice in the County

Pursuant to IC § 35-36-6-1, the Defendant alleges that bias or prejudice exists against the Defendant in [________________________________] County such that a fair and impartial trial cannot be obtained.

☐ The bias or prejudice is demonstrated by the following:

B. Pretrial Publicity

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

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

C. Community Prejudice and Hostility

☐ Community bias against the Defendant is evidenced by:

• ☐ Public demonstrations or protests
• ☐ Statements by public officials or community leaders
• ☐ Social media campaigns targeting the Defendant
• ☐ Threats against the Defendant, defense counsel, or defense witnesses
• ☐ General community hostility: [________________________________]

D. Facts Relevant to the Receiving County

If the motion is granted, the following facts may assist the parties in selecting a receiving county under Criminal Rule 2.4(E):

• [________________________________]
• [________________________________]

E. Additional Facts Supporting the Motion

☐ The following safety concerns bear on whether an impartial jury can be seated in this county:

• [________________________________]
• [________________________________]

5. Statutory and Constitutional Authority

A. Indiana Statutory Authority

Indiana Code § 35-36-6-1 provides that in any criminal action, the defendant may request a change of venue from the county by filing a verified motion alleging that bias or prejudice against the defendant exists in that county. When such a motion is filed, the court shall hold a hearing on the motion and may grant a change of venue to the most convenient county.

Indiana Code § 35-36-6-2 provides that when a change of venue from the county is granted, the trial shall be conducted in the court to which the case is venued.

B. Constitutional Authority

The Sixth Amendment to the United States Constitution protects an impartial jury in criminal prosecutions, and the Fourteenth Amendment protects due process. Article I, Section 13(a) of the Indiana Constitution protects a public trial by an impartial jury in the county where the offense was committed. The Defendant seeks the statutory change of venue because the alleged local bias or prejudice prevents an impartial trial there.

6. Factors for Court Consideration

The Defendant offers the following evidence, where applicable, to show whether local bias or prejudice prevents an impartial trial:

☐ a. The nature, extent, and timing of pretrial publicity

☐ b. Whether the publicity was inflammatory or prejudicial in character

☐ c. The size of the community and percentage of inhabitants exposed to the publicity

☐ d. Whether the publicity contained information not admissible at trial

☐ e. Whether the publicity identified the Defendant and implied guilt

☐ f. The degree to which the publicity has influenced the community's opinion

☐ g. The difficulty encountered during voir dire, if applicable

☐ h. Whether empaneling an impartial jury is reasonably possible

☐ i. The severity of the charges and community reaction thereto

7. Proposed Alternative Venue

If the Court grants the motion, the Defendant proposes the following counties for discussion with the State under Criminal Rule 2.4(E)(1). If the parties do not agree within seven days after the grant, the Court must provide a list for strikes under Rule 2.4(E)(2)-(4):

Primary Preference: [________________________________] County, Indiana

Reasons:

• [________________________________]
• Geographic proximity: approximately [____] miles from current venue
• The county has not been affected by the pretrial publicity or community prejudice
• Adequate court facilities exist

Secondary Preference: [________________________________] County, Indiana

8. Supporting Affidavits and Evidence

The following are attached in support of this Verified Motion:

Exhibit A (required): Defendant's affidavit setting out the facts supporting the requested change of venue

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

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

☐ Exhibit D: Social media documentation

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

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

☐ Exhibit G: [________________________________]

9. Verification

STATE OF INDIANA
COUNTY OF [________________________________]

I, [DEFENDANT FULL LEGAL NAME], being duly sworn, state that the facts in paragraphs [____] of this motion and in attached Exhibit A are true and correct to the best of my personal knowledge. My supporting facts are set out in Exhibit A.

___________________________________________
[DEFENDANT FULL LEGAL NAME], Defendant

State where the notarial act occurs: [________________] County where the principal appears: [________________]

Subscribed and sworn to before me this [____] day of [________________________________], [____].

___________________________________________
Notary Public
My Commission Expires: [__/__/____]
Indiana county of commission (or, for a nonresident Indiana notary, primary Indiana employment): [________________]
(Official seal)

10. Proposed Order

IN THE [________________________________] COURT
[________________________________] COUNTY, INDIANA

ORDER ON MOTION FOR CHANGE OF VENUE

This matter having come before the Court on the Defendant's Verified Motion for Change of Venue From the County, the Court having conducted a hearing, reviewed the motion, affidavit, exhibits, and arguments of counsel, and being duly advised:

THE COURT FINDS that bias or prejudice exists in [________________________________] County such that the Defendant cannot obtain a fair and impartial trial.

IT IS THEREFORE ORDERED that:

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

2. The parties may select the receiving county by agreement in open court or by written agreement within seven days after this Order. If they do not agree, the Court will provide a county list and striking schedule under Criminal Rule 2.4(E)(2)-(4).

3. After the receiving county is selected, the Clerk and Sheriff shall carry out the transfer duties stated in Indiana Code § 35-36-6-1(b) and Criminal Rule 2.4(E).

4. [________________________________]

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

___________________________________________
Judge, [________________________________] Court

11. Certificate of Service

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

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

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing / e-service via the Indiana E-Filing System (IEFS)

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

12. Indiana Practice Notes

• Verified Motion and Affidavit: IC § 35-36-6-1 requires the defendant's verified motion alleging local bias or prejudice. Criminal Rule 2.4(A) also requires an accompanying affidavit signed by the defendant and stating supporting facts. For a motion based on subsequently discovered grounds, Rule 2.4(C)(2) specifies additional affidavit contents and permits signature by defendant's counsel.

• One Change of Venue: Indiana law permits only one change of venue from the county. Use this motion strategically.

• Hearing Required: The court shall hold a hearing on the motion. Be prepared to present evidence of bias or prejudice at the hearing.

• Receiving County: IC § 35-36-6-1(b) permits a change to the most convenient county. Criminal Rule 2.4(E) supplies the selection process: party agreement within seven days after the grant, followed by a court list and alternating strikes if there is no agreement.

• Striking Schedule: If no county is agreed, the court provides its list within two business days after the agreement period and schedules completion of strikes within fourteen days. A moving party that fails to strike within the ordered time loses entitlement to the change under Rule 2.4(E)(4).

• Pretrial Publicity: Attach the coverage and facts showing how it supports the claimed local bias or prejudice; identify any relevant voir dire evidence.

• Timing: Indiana Criminal Rule 2.4(C)(1) requires filing within 30 days after the initial hearing (or, following a remand for a new trial, within 30 days after the defendant first appears in person in the trial court). A later motion must satisfy Rule 2.4(C)(2)'s subsequently discovered grounds requirements, including a specific affidavit explaining discovery and due diligence.

• Record: Preserve the affidavits, exhibits, hearing record, and the Court's ruling for any later review.

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

Exhibit A — Defendant's Supporting Affidavit

STATE OF INDIANA
COUNTY OF [________________________________]

I, [DEFENDANT FULL LEGAL NAME], being duly sworn, state on personal knowledge:

1. I am the defendant in Cause No. [________________________________].
2. The following facts support my belief that bias or prejudice against me in [________________________________] County prevents a fair and impartial trial there: [________________________________].
3. [Describe specific events, statements, coverage, dates, sources, and how each affected the local jury pool: ________________________________].
4. [If this request is filed after the Rule 2.4(C)(1) deadline, state when and how the cause was first discovered, the facts showing cause, and why diligence could not have discovered it earlier: ________________________________].

I affirm that the foregoing facts are true and correct to the best of my personal knowledge.

___________________________________________
[DEFENDANT FULL LEGAL NAME], Defendant

State where the notarial act occurs: [________________] County where the principal appears: [________________]

Subscribed and sworn to before me this [____] day of [________________________________], [____].

___________________________________________
Notary Public
My Commission Expires: [__/__/____]
Indiana county of commission (or, for a nonresident Indiana notary, primary Indiana employment): [________________]
(Official seal)