Motion for Change of Venue

MOTION FOR CHANGE OF VENUE (CRIMINAL)

Commonwealth of Massachusetts

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. Massachusetts Practice Notes

1. Caption

COMMONWEALTH OF MASSACHUSETTS
[________________________________] COUNTY
SUPERIOR COURT DEPARTMENT

2. Introduction and Relief Sought

NOW COMES the Defendant, [DEFENDANT FULL LEGAL NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to Massachusetts Rule of Criminal Procedure 37 for a transfer of this case from [________________________________] County to another county where a fair and impartial trial can be obtained, and in support thereof states:

3. Statement of Facts

1. The Defendant has been charged by indictment with [________________________________] under Indictment No. [________________________________], pending in the Superior Court Department for [________________________________] County.

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

3. [________________________________]

4. The following conditions demonstrate that pretrial publicity has so infected this community as to require transfer:
   - [________________________________]
   - [________________________________]
   - [________________________________]

4. Grounds for Change of Venue

A. Pretrial Publicity

☐ Pretrial publicity has so infected the community of [________________________________] County that a fair and impartial trial cannot be obtained:

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

B. Community Prejudice

☐ Community prejudice in [________________________________] County prevents a fair trial:

• ☐ Community demonstrations, vigils, or protests
• ☐ Public statements by officials, victims' advocates, or community leaders
• ☐ Social media campaigns expressing hostility toward the Defendant
• ☐ Threats against the Defendant or defense witnesses
• ☐ 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. Massachusetts Rule and Statutory Authority

Mass. R. Crim. P. 37 provides for the transfer of criminal cases. The trial court has discretion to determine whether pretrial publicity has so infected the community where proper venue lies as to require a transfer to another community.

Mass. Gen. Laws ch. 277, § 51 establishes venue for 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, including the right to show that a change of venue is required.

Article 13 of the Massachusetts Declaration of Rights provides that "in criminal prosecutions, the verification of facts in the vicinity where they happen, is one of the greatest securities of the life, liberty, and property of the citizen." However, this local trial preference may be overridden by the necessity of securing a fair and impartial trial.

6. Factors for Court Consideration

The Court should consider the following factors:

☐ a. The extent and nature of pretrial publicity in the community

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

☐ c. Whether the publicity was so great as to create a presumption that an impartial jury cannot be obtained

☐ d. The size of the community and the degree of jury pool contamination

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

☐ f. Whether jurors exposed to pretrial publicity can set aside preconceptions

☐ g. Whether adequate voir dire can test for juror impartiality

☐ h. The balance between the art. 13 right to local trial and the right to a fair trial

☐ i. Whether alternative remedies (continuance, expanded voir dire, jury instructions) are adequate

7. Proposed Alternative Venue

The Defendant requests transfer to:

Primary Preference: [________________________________] County Superior Court

Reasons:

• [________________________________]
• Geographic proximity: approximately [____] miles
• Outside the area of pervasive pretrial publicity
• Adequate court facilities and resources

Secondary Preference: [________________________________] County Superior Court

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

COMMONWEALTH OF MASSACHUSETTS
[________________________________] COUNTY
SUPERIOR COURT DEPARTMENT

ORDER ON DEFENDANT'S MOTION FOR CHANGE OF VENUE

This matter having come before the Court on the Defendant's Motion for Change of Venue pursuant to Mass. R. Crim. P. 37, the Court having considered the motion, supporting affidavits, exhibits, and arguments of counsel:

THE COURT FINDS that pretrial publicity and/or community prejudice have so infected [________________________________] County that a fair and impartial trial cannot be obtained therein.

IT IS ORDERED that:

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

2. This case is transferred to the Superior Court Department for [________________________________] County.

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

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

5. [________________________________]

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

___________________________________________
Justice, Superior Court Department

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 [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By hand delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing via the Massachusetts Trial Court Electronic Filing System

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

11. Massachusetts Practice Notes

• Local Trial Preference (Art. 13): Massachusetts has a strong constitutional preference for local trial under Article 13 of the Declaration of Rights. The motion must demonstrate that the fair trial right overrides this preference.

• Presumption of Prejudice: In some cases, the extent of publicity is so great as to mandate transfer. In these cases, an impartial jury is presumed unobtainable from the mere fact of community exposure. This is a high threshold.

• Exposure Alone Insufficient: The mere fact that a juror has been exposed to pretrial publicity does not mean impartiality is affected. This can normally be tested through voir dire.

• Pretrial Filing Required: The motion must be made prior to trial under Rule 37.

• Judicial Discretion: The trial court has discretion in determining whether pretrial publicity requires transfer. The standard is whether the publicity has "so infected" the community.

• Massachusetts Uses "Allowed/Denied": Massachusetts courts typically use "Allowed" rather than "Granted" for motions. Use this terminology in practice.

• Superior Court Jurisdiction: Serious criminal cases (felonies carrying more than five years) are tried in the Superior Court Department. Transfer would be to the Superior Court in another county.

• Appellate Review: Denial is reviewed for abuse of discretion by the Massachusetts Appeals Court or Supreme Judicial Court. Interlocutory review may be available through extraordinary writs.

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