Motion for Change of Venue

MOTION FOR CHANGE OF VENUE (CRIMINAL)

State of Michigan

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. Michigan Practice Notes

1. Caption

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]
STATE OF MICHIGAN

2. Introduction and Relief Sought

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to MCL § 762.7 and MCR 6.222 for a change of venue from [________________________________] County to another county where a fair and impartial trial can be obtained, and for good cause shown states:

3. Statement of Facts

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

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

3. [________________________________]

4. Good cause exists for a change of venue based on the following:
   - [________________________________]
   - [________________________________]
   - [________________________________]

4. Grounds for Change of Venue

A. Pretrial Publicity

☐ Extensive and prejudicial media coverage has permeated [________________________________] County, inflaming public sentiment:

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

B. Inflamed Public Sentiment

☐ Public sentiment in [________________________________] County is so inflamed against the Defendant that a fair trial is unlikely:

• ☐ Community protests or demonstrations
• ☐ Public statements by officials or community leaders
• ☐ Social media campaigns expressing hostility
• ☐ Threats against the Defendant or defense witnesses
• ☐ Community petitions or organized opposition
• ☐ Other evidence of inflamed sentiment: [________________________________]

C. Convenience of Parties and Witnesses

☐ Good cause for transfer includes the convenience of parties and witnesses:

• [________________________________]
• [________________________________]

D. Safety and Security Concerns

☐ Good cause exists based on safety and security concerns:

• [________________________________]
• [________________________________]

5. Statutory and Constitutional Authority

A. Michigan Statutory and Rule Authority

MCL § 762.7 provides that each court of record having jurisdiction of criminal cases, upon good cause shown by either party, may change the venue in any cause pending therein, and direct the issue to be tried in the circuit court of another county.

MCR 6.222 governs the procedural aspects of change of venue motions in criminal cases.

The "good cause" standard under MCL § 762.7 encompasses situations where pretrial publicity or inflamed public sentiment prevents the defendant from obtaining a fair trial in the current county.

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 20 of the Michigan Constitution guarantees the rights of the accused, including the right to a speedy and public trial by an impartial jury.

6. Factors for Court Consideration

The Court should consider the following factors in evaluating good cause:

☐ a. The nature and extent of pretrial publicity

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

☐ c. Whether the publicity implied guilt or prejudged the outcome

☐ d. The size of the county population and the degree of media saturation

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

☐ f. Whether public sentiment has been inflamed against the Defendant

☐ g. Compelling evidence that the Defendant's right to an impartial jury is compromised

☐ h. The results of any attempted voir dire

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

7. Proposed Alternative Venue

The Defendant requests transfer to:

Primary Preference: Circuit Court for the County of [________________________________]

Reasons:

• [________________________________]
• Geographic proximity: approximately [____] miles
• Not affected by the pretrial publicity or inflamed public sentiment
• Adequate court facilities and resources

Secondary Preference: Circuit Court for the County of [________________________________]

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

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]
STATE OF MICHIGAN

ORDER ON MOTION FOR CHANGE OF VENUE

This matter having come before the Court on the Defendant's Motion for Change of Venue pursuant to MCL § 762.7, the Court having reviewed the motion, supporting affidavits, exhibits, and arguments of counsel:

THE COURT FINDS that good cause has been shown for a change of venue, in that [pretrial publicity / inflamed public sentiment / other good cause] in [________________________________] County prevents the Defendant from obtaining a fair and impartial trial.

IT IS ORDERED that:

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

2. This case is transferred to the Circuit Court for the County of [________________________________], State of Michigan.

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 [________________________________], [____].

___________________________________________
Circuit Court Judge

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:

[________________________________]
Prosecuting Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing via Michigan Courts E-Filing System (MiFile)

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

11. Michigan Practice Notes

• Good Cause Standard: MCL § 762.7 requires "good cause shown" by either party. This is a broad standard that includes pretrial publicity, inflamed public sentiment, and other circumstances compromising a fair trial.

• Circuit Court Only: MCL § 762.7 applies only to circuit courts in felony cases. It does not apply to district court misdemeanor proceedings.

• Either Party May Move: Both the Defendant and the prosecution may move for change of venue under MCL § 762.7.

• Compelling Evidence Required: Michigan courts have been historically cautious in granting change of venue motions (see People v. Swift). Provide compelling evidence that the right to an impartial jury is compromised.

• Transfer to Another Circuit Court: The statute directs that the case be tried in the circuit court of another county.

• MCR 6.222: Consult MCR 6.222 for procedural requirements regarding change of venue motions, including timing and notice requirements.

• Voir Dire Alternative: Michigan courts may require attempted voir dire before granting a change of venue, to assess whether an impartial jury can be selected.

• Timing: File the motion pretrial. Early filing is advisable to allow the court adequate time to evaluate the grounds.

• Appellate Review: Denial is reviewed for abuse of discretion. A thorough evidentiary record is essential for appellate review.

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