MOTION FOR CHANGE OF VENUE (CRIMINAL)

State of Kansas

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. Kansas Practice Notes

1. Caption

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS
[________________________________] JUDICIAL DISTRICT

2. Introduction and Relief Sought

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through undersigned counsel, and moves this Court pursuant to K.S.A. § 22-2616(1) for an order transferring this case to another county or judicial district, on the grounds that there exists in [________________________________] County so great a prejudice against the Defendant that a fair and impartial trial cannot be obtained, and in support thereof states:

3. Statement of Facts

1. The Defendant has been charged with [________________________________] in Case No. [________________________________], pending in the District Court of [________________________________] County, Kansas.

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

3. [________________________________]

4. The following conditions demonstrate the existence of great prejudice in [________________________________] County:
   - [________________________________]
   - [________________________________]
   - [________________________________]

4. Grounds for Change of Venue

A. Pretrial Publicity

☐ Extensive and prejudicial media coverage has permeated [________________________________] County:

• ☐ Print media articles (number: [____])
• ☐ Television news broadcasts (number: [____])
• ☐ Radio coverage (number: [____])
• ☐ Online and social media coverage (describe: [________________________________])
• ☐ Duration of coverage: [__/__/____] through [__/__/____]
• ☐ Publicity has circulated throughout the community to a high degree

B. Community Prejudice

☐ So great a prejudice exists against the Defendant in [________________________________] County that a fair and impartial trial cannot be obtained:

• ☐ Community protests, demonstrations, or public gatherings
• ☐ Statements by public officials or community leaders
• ☐ Social media campaigns expressing hostility
• ☐ Threats against the Defendant or defense witnesses
• ☐ Community petitions or organized opposition
• ☐ Other indicators of community prejudice: [________________________________]

C. Convenience of Parties and Witnesses

☐ Transfer is warranted for the convenience of parties and witnesses:

• [________________________________]
• [________________________________]

D. Safety and Security Concerns

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

• [________________________________]
• [________________________________]

5. Statutory and Constitutional Authority

A. Kansas Statutory Authority

K.S.A. § 22-2616(1) provides that in any prosecution, the court upon motion of the defendant shall order that the case be transferred to another county or district if the court is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial in that county.

K.S.A. § 22-2616 further provides that this section applies only to the prosecution of trials and is not applicable to preliminary proceedings.

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. Section 10 of the Kansas Bill of Rights guarantees the right to a speedy public trial by an impartial jury.

6. Factors for Court Consideration

Under Kansas case law, the Court should consider the following factors in evaluating whether a change of venue is warranted:

☐ a. The particular degree to which the publicity circulated throughout the community

☐ b. The degree to which the publicity, or publicity of a like nature, circulated to other areas to which venue could be changed

☐ c. The length of time that elapsed from the dissemination of the publicity to the date of trial

☐ d. The care exercised and the ease encountered in the selection of the jury

☐ e. The familiarity of prospective jurors or trial jurors with the publicity and its resultant effect, if any, upon them

7. Proposed Alternative Venue

The Defendant requests transfer to a county or district where the prejudice does not exist:

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

Reasons:
- [________________________________]
- Geographic proximity: approximately [____] miles
- The publicity has not circulated to the same degree in this county
- Adequate court facilities and resources

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

8. Supporting Affidavits and Evidence

The following are attached in support of this motion:

☐ Exhibit A: Affidavit of Defendant regarding prejudice in the county

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

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

☐ Exhibit D: Social media documentation

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

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

☐ Exhibit G: [________________________________]

9. Proposed Order

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

ORDER ON MOTION FOR CHANGE OF VENUE

This matter coming before the Court on the Defendant's Motion for Change of Venue pursuant to K.S.A. § 22-2616, the Court having reviewed the motion, supporting affidavits, exhibits, and arguments of counsel:

THE COURT FINDS that there exists in [________________________________] County so great a prejudice against the Defendant that a fair and impartial trial cannot be obtained in this county.

IT IS THEREFORE ORDERED that:

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

2. This case is transferred to the District Court of [________________________________] County, [____] Judicial District, State of Kansas.

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, District Court of Kansas

10. Certificate of Service

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

[________________________________]
District Attorney / County Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing via the Kansas Courts E-Filing System

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

11. Kansas Practice Notes

• Mandatory Grant: Under K.S.A. § 22-2616(1), the court "shall order" transfer if satisfied that great prejudice exists. This is a mandatory directive, not discretionary, though the court retains discretion in evaluating whether the showing has been made.

• Trials Only: The change of venue provision applies only to trials and does not apply to preliminary proceedings or preliminary hearings.

• Five-Factor Test: Kansas courts apply a five-factor test: (1) degree of publicity circulation in the community, (2) degree of publicity in alternative venues, (3) time elapsed since publicity, (4) care and ease in jury selection, (5) juror familiarity with publicity and its effect.

• Substantive Affidavits Required: Media publicity alone is insufficient, and identical conclusory affidavits do not establish prejudice. Provide specific, individualized affidavits with particularized facts.

• Burden on Defendant: The Defendant bears the burden of showing prejudice sufficient to create a reasonable certainty that a fair trial cannot be obtained.

• Timing: File the motion pretrial. The court may require attempted voir dire before ruling to assess whether an impartial jury can actually be seated.

• Appellate Review: Denial of a change of venue is reviewed for abuse of discretion. A thorough record is essential 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 Kansas attorney before filing. Legal requirements and procedures may change; verify all citations and rules before use.