Motion for Change of Venue

MOTION FOR CHANGE OF VENUE (CRIMINAL)

State of Louisiana

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. Louisiana Practice Notes

1. Caption

[________________________________] JUDICIAL DISTRICT COURT
FOR THE PARISH OF [________________________________]
STATE OF LOUISIANA

2. Introduction and Relief Sought

NOW INTO COURT, through undersigned counsel, comes the Defendant, [DEFENDANT FULL LEGAL NAME], who respectfully moves this Honorable Court pursuant to Louisiana Code of Criminal Procedure articles 621 and 622 for a change of venue from the Parish of [________________________________] to another parish where a fair and impartial trial can be obtained, and in support thereof respectfully represents:

3. Statement of Facts

1. The Defendant has been charged with [________________________________] under Docket No. [________________________________], pending in the [________________________________] Judicial District Court for the Parish of [________________________________].

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

3. [________________________________]

4. The following conditions demonstrate that a fair and impartial trial cannot be obtained in this parish:
   - [________________________________]
   - [________________________________]
   - [________________________________]

4. Grounds for Change of Venue

Under La. C.Cr.P. art. 622, a change of venue shall be granted when the applicant proves any of the following:

A. Prejudice Existing in the Public Mind

☐ Prejudice against the Defendant exists in the public mind in the Parish of [________________________________]:

• ☐ Extensive, prejudicial media coverage (print: [____] articles; broadcast: [____] segments)
• ☐ Online and social media saturation (describe: [________________________________])
• ☐ Duration of coverage: [__/__/____] through [__/__/____]
• ☐ Community demonstrations, protests, or public gatherings against the Defendant
• ☐ Public statements by officials or community leaders prejudging the case
• ☐ General community hostility and prejudgment of guilt

B. Undue Influence

☐ Undue influence exists that prevents a fair and impartial trial:

• ☐ Influence of powerful individuals or entities in the parish
• ☐ Political pressure affecting the proceedings
• ☐ Relationship between the victim/complainant and local officials or community leaders
• ☐ Other undue influence: [________________________________]

C. Other Reasons Preventing a Fair and Impartial Trial

☐ For other reasons, a fair and impartial trial cannot be obtained in this parish:

• ☐ Safety and security concerns for the Defendant, witnesses, or jurors
• ☐ Threats against the Defendant or defense witnesses
• ☐ Extraordinary community emotion surrounding the case
• ☐ Other: [________________________________]

5. Statutory and Constitutional Authority

A. Louisiana Statutory Authority

La. C.Cr.P. art. 622 provides: "A change of venue shall be granted when the applicant proves that by reason of prejudice existing in the public mind or because of undue influence, or that for any other reason, a fair and impartial trial cannot be obtained in the parish where the prosecution is pending."

La. C.Cr.P. art. 622 further provides that in deciding whether to grant a change of venue, the court shall consider whether the prejudice, the influence, or the other reasons are such that they will affect the answers of jurors on the voir dire examination or the testimony of witnesses at the trial.

La. C.Cr.P. art. 621 governs the form and timing of the motion.

La. C.Cr.P. art. 623 governs the procedure upon the motion, including the court's consideration of evidence and affidavits.

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. Article I, Section 16 of the Louisiana Constitution guarantees the right to a fair trial.

6. Factors for Court Consideration

Under article 622, the Court must consider whether the prejudice, influence, or other reasons will affect:

☐ a. The answers of jurors on voir dire examination

☐ b. The testimony of witnesses at trial

Additionally, the Court should weigh:

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

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

☐ e. The size of the parish population and saturation of media coverage

☐ f. Whether the publicity implied guilt or prejudged the case

☐ g. The degree of community hostility toward the Defendant

☐ h. Whether alternative remedies (continuance, expanded voir dire) are adequate

☐ i. The results of any attempted voir dire, if applicable

7. Proposed Alternative Venue

The Defendant requests transfer to a parish where the conditions giving rise to this motion do not exist:

Primary Preference: Parish of [________________________________], [____] Judicial District

Reasons:

• [________________________________]
• Geographic proximity: approximately [____] miles
• Not affected by the pretrial publicity or community prejudice
• Adequate court facilities

Secondary Preference: Parish of [________________________________], [____] Judicial District

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 resident(s)

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

☐ Exhibit D: Social media documentation and analysis

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

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

☐ Exhibit G: [________________________________]

9. Proposed Order

[________________________________] JUDICIAL DISTRICT COURT
FOR THE PARISH OF [________________________________]
STATE OF LOUISIANA

ORDER ON MOTION FOR CHANGE OF VENUE

Considering the Defendant's Motion for Change of Venue pursuant to La. C.Cr.P. art. 622, the supporting affidavits and exhibits, the evidence presented at hearing, and the arguments of counsel:

THE COURT FINDS that by reason of [prejudice existing in the public mind / undue influence / other reasons], a fair and impartial trial cannot be obtained in the Parish of [________________________________].

IT IS ORDERED that:

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

2. This case is transferred to the [________________________________] Judicial District Court for the Parish of [________________________________].

3. The Clerk of Court shall transmit all records to the receiving court within [____] days.

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

5. [________________________________]

THUS DONE AND SIGNED in [________________________________], Louisiana, this [____] day of [________________________________], [____].

___________________________________________
Judge, [________________________________] Judicial District 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:

[________________________________]
District Attorney for the Parish of [________________________________]
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing

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

11. Louisiana Practice Notes

• Mandatory Grant: La. C.Cr.P. art. 622 states that a change of venue "shall be granted" when the applicant proves the statutory grounds. The word "shall" makes the grant mandatory upon sufficient proof.

• Three Grounds: The statute provides three grounds: (1) prejudice existing in the public mind, (2) undue influence, and (3) any other reason preventing a fair and impartial trial. The third ground is a catch-all provision.

• Voir Dire and Witness Impact: The court must specifically consider whether the prejudice, influence, or other reasons will affect juror answers on voir dire or witness testimony at trial. Frame your evidence accordingly.

• Parish-Based Venue: Louisiana uses parishes rather than counties. Venue is in the parish where the offense was committed (art. 611).

• Written Motion Required: Under art. 621, the motion must be in writing and filed within the time prescribed. Consult local court rules for specific filing deadlines.

• Hearing Procedure: Under art. 623, the court shall hear evidence on the motion. Be prepared to present testimony, affidavits, and exhibits at the hearing.

• Burden of Proof: The Defendant bears the burden of proving the grounds for change of venue.

• Appellate Review: Denial is reviewed for abuse of discretion. The trial court's ruling is given significant deference.

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