MOTION FOR CHANGE OF VENUE (CRIMINAL)

Commonwealth of Kentucky

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. Kentucky Practice Notes

1. Caption

IN THE [________________________________] CIRCUIT COURT
[________________________________] COUNTY, KENTUCKY

2. Introduction and Relief Sought

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by counsel, and respectfully moves this Court pursuant to KRS § 452.210 and RCr 10.42 for a change of venue from [________________________________] County, Kentucky, to another county where a fair and impartial trial can be secured, and in support thereof states:

3. Statement of Facts

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

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

3. [________________________________]

4. The following conditions demonstrate that a fair trial cannot be had in [________________________________] County:
   - [________________________________]
   - [________________________________]
   - [________________________________]

4. Grounds for Change of Venue

A. Pretrial Publicity

☐ The widespread circulation of prejudicial publicity has permeated [________________________________] County:

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

B. Community Prejudice and State of Public Opinion

☐ The state of public opinion in [________________________________] County prevents the Defendant from receiving a fair and impartial trial:

• ☐ Community hostility toward the Defendant
• ☐ Prejudgment of the Defendant's guilt
• ☐ Public statements by officials or community leaders
• ☐ Social media campaigns and organized public opposition
• ☐ Threats against the Defendant or defense witnesses
• ☐ Other indicators: [________________________________]

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. Kentucky Statutory Authority

KRS § 452.210 provides for a change of venue to secure a fair trial when the defendant demonstrates that a fair and impartial trial cannot be had in the county where the prosecution is pending.

KRS § 452.220 provides that the application for change of venue may be made by either the Commonwealth or the Defendant, supported by affidavits demonstrating the grounds for transfer.

RCr 10.42 governs the procedural aspects of motions for change of venue in criminal cases.

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 11 of the Kentucky Constitution guarantees the right to a speedy public trial by an impartial jury of the vicinage.

6. Factors for Court Consideration

The Court should consider the following factors:

☐ a. The nature and extent of pretrial publicity and its impact on community opinion

☐ b. Whether the publicity was inflammatory or contained inadmissible information

☐ c. The size of the community and the likelihood of jury pool contamination

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

☐ e. Whether community saturation of information has occurred

☐ f. Whether community hostility toward the Defendant exists beyond mere awareness

☐ g. Affidavits from community members expressing opinions about fairness of trial

☐ h. The results of any attempted voir dire examination

☐ i. Whether alternative remedies are sufficient to ensure a fair trial

7. Proposed Alternative Venue

The Defendant requests transfer to:

Primary Preference: [________________________________] County, Kentucky

Reasons:
- [________________________________]
- Geographic proximity: approximately [____] miles
- Unaffected by the pretrial publicity and community prejudice
- Adequate court facilities and resources

Secondary Preference: [________________________________] County, Kentucky

8. Supporting Affidavits and Evidence

The following are attached in support of this motion:

☐ Exhibit A: Affidavit of Defendant

☐ Exhibit B: Affidavit(s) of [________________________________], community member(s), expressing the opinion that the accused cannot receive a fair trial

☐ Exhibit C: Media coverage compilation (newspaper articles, broadcast transcripts, online articles)

☐ 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 [________________________________] CIRCUIT COURT
[________________________________] COUNTY, KENTUCKY

ORDER ON MOTION FOR CHANGE OF VENUE

This matter coming before the Court on the Defendant's Motion for Change of Venue pursuant to KRS § 452.210, the Court having reviewed the motion, supporting affidavits, exhibits, and arguments of counsel:

THE COURT FINDS that a fair and impartial trial cannot be secured in [________________________________] County due to [prejudice in the public mind / pretrial publicity / community hostility].

IT IS THEREFORE ORDERED that:

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

2. This case is transferred to the [________________________________] Circuit Court, [________________________________] County, Kentucky.

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, [________________________________] Circuit Court

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:

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

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing via the Kentucky Court of Justice eFiling system

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

11. Kentucky Practice Notes

• Fair Trial Standard: KRS § 452.210 provides for change of venue "to secure a fair trial." The court must be satisfied that a fair and impartial trial cannot be obtained in the current county.

• Publicity Is Not the Sole Factor: Under Hubers v. Commonwealth (Ky. 2020), the degree and extent of pretrial publicity is not the proper sole basis for deciding whether to grant a change of venue. Community hostility and prejudgment are the critical factors.

• Supporting Affidavits: The motion should be supported by affidavits from witnesses expressing the opinion that the accused cannot receive a fair trial due to the state of public opinion. Proof of widespread circulation of prejudicial news coverage is also relevant.

• Both Parties May Move: Under KRS § 452.220, either the Commonwealth or the Defendant may apply for a change of venue.

• Court Determines New Venue: Under KRS § 452.230, the court determines where the trial shall be conducted upon granting a change of venue.

• Timing: File before trial begins. The motion should be made as early as practicable once the grounds become apparent.

• Appellate Review: Denial is reviewed for abuse of discretion. Document the record thoroughly at the hearing.

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