Motion for Change of Venue - Maine

MOTION FOR CHANGE OF VENUE (CRIMINAL)

State of Maine

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. Maine Practice Notes

1. Caption

STATE OF MAINE
[________________________________] COUNTY
UNIFIED CRIMINAL DOCKET

2. Introduction and Relief Sought

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through undersigned counsel, and respectfully moves this Court under Maine Rule of Unified Criminal Procedure 21(b)(1) to transfer this proceeding from [________________________________] County to another county because prejudice in the county is so great that the Defendant cannot obtain a fair and impartial trial there, and in support states:

3. Statement of Facts

1. The Defendant has been charged with [________________________________] under Docket No. [________________________________], pending in the Unified Criminal Docket for [________________________________] County, Maine.

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

3. [________________________________]

4. The following conditions make it necessary to transfer this proceeding to secure a fair trial:
   - [________________________________]
   - [________________________________]
   - [________________________________]

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 [__/__/____]

B. Community Prejudice

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

• ☐ Community demonstrations or protests
• ☐ Public statements by local officials or community leaders
• ☐ Social media campaigns expressing hostility toward the Defendant
• ☐ Threats against the Defendant or defense witnesses
• ☐ Close community ties to the alleged victim
• ☐ Other indicators: [________________________________]

C. Evidence That Voir Dire or Lesser Measures Will Not Cure the Prejudice

☐ Countywide prejudice cannot be adequately addressed through voir dire, a continuance, expanded juror questioning, or instructions because:

• ☐ The publicity disclosed inadmissible or inflammatory information to a broad audience
• ☐ Community hostility is persistent and geographically concentrated
• ☐ Prior juror questionnaires / voir dire responses demonstrate contamination
• ☐ [________________________________]

D. Other Rule 21 Route, If Applicable

☐ The Defendant and the attorney for the State consent to transfer under Rule 21(b)(2).

☐ The charging instrument or bill of particulars alleges that the crime occurred in more than one county, and transfer to another county in which commission is charged serves the interest of justice under Rule 21(b)(4).

5. Statutory and Constitutional Authority

A. Maine Rule Authority

M.R.U. Crim. P. 21(b)(1) requires transfer on the Defendant's timely motion if the Court is satisfied that prejudice in the county where the prosecution is pending is so great that the Defendant cannot obtain a fair and impartial trial there. The motion must be made before the jury is impaneled or, for a bench trial, before any evidence is received.

Rule 21 separately permits transfer by consent of the Defendant and the attorney for the State; a limited court-initiated transfer for sound judicial administration; and a transfer in the interest of justice when the charged crime occurred in more than one county. Those routes have different predicates and should not be conflated with a Defendant's prejudice motion.

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 6 of the Maine Constitution guarantees the right to a fair trial by jury.

6. Factors for Court Consideration

The Court should consider the following factors:

☐ a. The nature and extent of pretrial publicity

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

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

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

☐ e. The degree of community hostility toward the Defendant

☐ f. The geographic reach of the publicity (considering Maine's media markets)

☐ g. Whether the Defendant can receive a fair trial through voir dire alone

☐ h. Whether less drastic remedies (continuance, expanded voir dire, jury instructions) are adequate

☐ i. Whether the evidence establishes countywide prejudice so great that a fair and impartial jury cannot be obtained

7. Proposed Alternative Venue

The Defendant requests transfer to:

Primary Preference: [________________________________] County, Maine

Reasons supporting a Rule 21(b)(1) transfer:

• [________________________________]
• Geographic proximity: approximately [____] miles
• Outside the media market affected by pretrial publicity
• Facts showing the proposed county is outside the demonstrated concentration of prejudice

Secondary Preference: [________________________________] County, Maine

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

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

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

☐ Exhibit G: [________________________________]

9. Proposed Order

STATE OF MAINE
[________________________________] COUNTY
UNIFIED CRIMINAL DOCKET

ORDER ON MOTION FOR TRANSFER OF VENUE

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

THE COURT FINDS that prejudice against the Defendant in [________________________________] County is so great that the Defendant cannot obtain a fair and impartial trial there.

IT IS ORDERED that:

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

2. This proceeding is transferred to the Unified Criminal Docket for [________________________________] County, Maine.

3. The Clerk shall transmit all papers in the proceeding, or certified copies, and any bail taken to the clerk of the receiving court.

4. ☐ The Defendant is in custody and shall be delivered to the custody of the sheriff of the receiving county at the time directed by the Court. ☐ The Defendant is not in custody and shall appear in [________________________________] County as directed.

5. [________________________________]

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

___________________________________________
Justice/Judge, Maine Superior/Unified Criminal 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 Prosecutorial District [____]
[________________________________]
[________________________________]
[________________________________]

☐ By hand delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing via the Maine Judicial Branch e-filing system

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

11. Maine Practice Notes

• Defendant's Prejudice Motion: Rule 21(b)(1) uses a specific test: prejudice in the county must be so great that the Defendant cannot obtain a fair and impartial trial there. Convenience of parties or witnesses is not this rule's standard.

• Small State Considerations: Maine's small population and limited number of media markets mean that publicity may spread across county lines more easily than in larger states. Address the geographic reach of the publicity in your motion.

• Unified Criminal Docket: Maine uses a Unified Criminal Docket system. Transfers are between divisions/counties within this unified system.

• Court's Initiative: Under Rule 21(b)(3), a court-initiated transfer for sound judicial administration is limited to a location in an adjoining county and in the vicinity of where the crime was committed.

• Other Routes: Rule 21(b)(2) permits transfer with the consent of the Defendant and prosecutor. Rule 21(b)(4) uses an interest-of-justice standard when the charging materials show a crime committed in more than one county.

• Timing: A Rule 21(b)(1) motion must be filed before the jury is impaneled or, in a bench trial, before evidence is received.

• Alternative Remedies: The court may consider whether expanded voir dire, continuances, or jury instructions can adequately address the concerns before ordering a full transfer of venue.

• Appellate Review: Denial of a change of venue is reviewed by the Maine Supreme Judicial Court (Law Court) for abuse of discretion.

Official rule source: https://www.courts.maine.gov/rules/text/mru_crim_p_only_2025-05-01.pdf

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