Motion for Change of Venue

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 pursuant to Maine Rule of Unified Criminal Procedure 21 for a transfer of this proceeding from [________________________________] County to another county in the interest of justice and to secure a fair and impartial trial, and in support thereof 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. Convenience of Parties and Witnesses

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

• ☐ Key witnesses reside in [________________________________] County
• ☐ Relevant evidence is located in [________________________________]
• ☐ [________________________________]

D. Interest of Justice

☐ The interest of justice requires transfer because:

• ☐ The Defendant cannot receive a fair trial in the current venue
• ☐ Community emotion is so strong that juror impartiality is compromised
• ☐ Security concerns exist in the current venue
• ☐ [________________________________]

5. Statutory and Constitutional Authority

A. Maine Rule and Statutory Authority

M.R.U. Crim. P. 21 provides that the court may, upon motion or its own initiative, transfer any case to another division for the convenience of parties or witnesses or in the interest of justice. The "interest of justice" standard encompasses situations where pretrial publicity or community prejudice would prevent a fair trial.

15 M.R.S. §§ 1-8 establish the general framework for jurisdiction and venue in Maine criminal 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. 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. The convenience of parties and witnesses in the proposed alternative venue

7. Proposed Alternative Venue

The Defendant requests transfer to:

Primary Preference: [________________________________] County, Maine

Reasons:

• [________________________________]
• Geographic proximity: approximately [____] miles
• Outside the media market affected by pretrial publicity
• Adequate court facilities and resources

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 the interest of justice requires transfer of this proceeding from [________________________________] County due to [pretrial publicity / community prejudice / other reasons preventing a fair trial].

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 records, files, and documents to the receiving court within [____] days.

4. The Defendant's bail conditions shall remain in effect, with the additional condition that the Defendant 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

• Interest of Justice Standard: M.R.U. Crim. P. 21 allows transfer "in the interest of justice," which is a broad standard encompassing fair trial concerns, pretrial publicity, and community prejudice.

• 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: The court may order transfer on its own initiative, not just upon motion of a party.

• Convenience and Justice: The rule addresses both convenience of parties/witnesses and the broader interest of justice. Argue both grounds where applicable.

• Timing: File the motion pretrial. The earlier the motion is filed, the more time the court has to evaluate the grounds and arrange for transfer.

• 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.

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.