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. Convenience of Parties and Witnesses

☐ A change of venue would better serve the convenience of the parties and witnesses because:

• [________________________________]
• [________________________________]

E. Safety and Security Concerns

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

• [________________________________]
• [________________________________]

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 guarantees the right to trial by an impartial jury. The Fourteenth Amendment guarantees due process of law. Article I, Section 13 of the Indiana Constitution guarantees the right to a public trial by an impartial jury in the county in which the offense shall have been committed, but a fair trial is paramount.

6. Factors for Court Consideration

The Court should weigh the following factors in determining whether bias or prejudice prevents a fair 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

The Defendant requests transfer to the most convenient county as required by statute:

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: Affidavit of Defendant regarding bias and prejudice

☐ 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 under the penalties of perjury that the foregoing representations are true and correct to the best of my knowledge, information, and belief.

___________________________________________
[DEFENDANT FULL LEGAL NAME], Defendant

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

___________________________________________
Notary Public
My Commission Expires: [__/__/____]

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, affidavits, 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. This cause is transferred to the [________________________________] Court of [________________________________] County, Indiana.

3. The Clerk shall transmit all records, files, and documents to the receiving court within [____] days.

4. The Defendant's bond and conditions of release shall remain in effect.

5. [________________________________]

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 Required: Under IC § 35-36-6-1, the motion must be verified (sworn to) by the Defendant. Failure to verify may result in denial.

• 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.

• Most Convenient County: The statute directs the court to transfer to the "most convenient county," balancing distance, accessibility, and freedom from prejudice.

• Pretrial Publicity Standard: The amount of news coverage alone is insufficient. The focus is on whether publicity has influenced the jury pool to the extent that the defendant cannot receive a fair trial.

• Timing: File the motion as early as practicable, typically before jury selection. Late filing may be considered in the court's discretion.

• Indiana Criminal Rule 12: Consult Ind. Crim. R. 12 for additional procedural requirements regarding change of venue, including the random selection process for the receiving county.

• Appellate Review: The trial court's ruling is reviewed for abuse of discretion. Preserving the record at the hearing is critical for appellate 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.