MOTION FOR CHANGE OF VENUE (CRIMINAL)

State of Missouri

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. Missouri Practice Notes

1. Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI
[________________________________] JUDICIAL CIRCUIT

2. Introduction and Relief Sought

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through undersigned counsel, and respectfully petitions this Court pursuant to RSMo §§ 545.430, 545.473, and Missouri Supreme Court Rule 32.04 for a change of venue from [________________________________] County, Missouri, on the grounds that the minds of the inhabitants of this county are so prejudiced against the Defendant that a fair trial cannot be had herein, and in support thereof states:

3. Statement of Facts

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

2. The Defendant was arraigned on [__/__/____].

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

4. [________________________________]

5. The following conditions demonstrate that the inhabitants of [________________________________] County are so prejudiced against the Defendant that a fair trial cannot be had:
   - [________________________________]
   - [________________________________]
   - [________________________________]

4. Grounds for Change of Venue

Under RSMo § 545.473, a criminal cause may be removed when either of the following grounds is established:

Ground 1: Inhabitants Are Prejudiced Against the Defendant

☐ The minds of the inhabitants of [________________________________] County are so prejudiced against the Defendant that a fair trial cannot be had therein:

Pretrial Publicity

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

Community Prejudice

• ☐ Community demonstrations, protests, or public gatherings
• ☐ Public statements by officials or community leaders
• ☐ Social media campaigns expressing hostility toward the Defendant
• ☐ Threats against the Defendant or defense witnesses
• ☐ Community petitions or organized opposition
• ☐ Other indicators: [________________________________]

Ground 2: State Has Undue Influence Over Inhabitants

☐ The State has undue influence over the inhabitants of [________________________________] County:

• ☐ Describe nature of undue influence: [________________________________]
• ☐ Relationship between prosecution and community power structures
• ☐ Political influence affecting potential jurors
• ☐ [________________________________]

Additional Considerations

Convenience of Parties and Witnesses

☐ Transfer would serve the convenience of parties and witnesses:

• [________________________________]

Safety and Security Concerns

☐ Safety of the Defendant, witnesses, jurors, or court personnel is at risk:

• [________________________________]

5. Statutory and Constitutional Authority

A. Missouri Statutory and Rule Authority

RSMo § 545.430 provides that a change of venue may be granted to the defendant in a criminal case.

RSMo § 545.473 identifies two grounds for change of venue: (1) that the inhabitants of the county are prejudiced against the defendant, or (2) that the State has undue influence over the inhabitants of the county.

RSMo § 545.490 requires that the petition for change of venue shall set forth the facts or grounds upon which such change is sought, supported by the affidavit of the petitioner and the affidavit of at least two credible disinterested citizens of the county. The truth of the allegations shall be proved to the satisfaction of the court by legal and competent evidence. The prosecuting attorney may offer evidence in rebuttal.

Mo. Sup. Ct. R. 32.04 governs procedural aspects of change of venue motions in 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. Article I, Section 18(a) of the Missouri Constitution guarantees the right to trial by jury.

6. Factors for Court Consideration

The Court should consider the following factors:

☐ a. The nature and extent of pretrial publicity and its inflammatory character

☐ b. Whether the publicity has caused the inhabitants to be prejudiced against the Defendant

☐ c. The size of the county and the degree of media saturation

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

☐ e. The credibility and content of the supporting affidavits from disinterested citizens

☐ f. Whether the community prejudice is so pervasive that a fair trial is impossible

☐ g. Whether the State has exercised undue influence over the community

☐ h. Any rebuttal evidence offered by the prosecuting attorney

☐ i. Whether alternative remedies are adequate

7. Proposed Alternative Venue

The Defendant requests transfer to:

Primary Preference: [________________________________] County, [____] Judicial Circuit

Reasons:
- [________________________________]
- Geographic proximity: approximately [____] miles
- Inhabitants not affected by the prejudice prevalent in [________________________________] County
- Adequate court facilities and resources

Secondary Preference: [________________________________] County, [____] Judicial Circuit

8. Supporting Affidavits and Evidence

The following are attached in support of this petition, as required by RSMo § 545.490:

☐ Exhibit A: Affidavit of the Defendant/Petitioner (required by statute)

☐ Exhibit B: Affidavit of [________________________________], credible disinterested citizen of [________________________________] County (first of two required)

☐ Exhibit C: Affidavit of [________________________________], credible disinterested citizen of [________________________________] County (second of two required)

☐ Exhibit D: Additional affidavit(s) of [________________________________]

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

☐ Exhibit F: Social media documentation

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

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

☐ Exhibit I: [________________________________]

9. Proposed Order

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

ORDER ON PETITION FOR CHANGE OF VENUE

This matter coming before the Court on the Defendant's Petition for Change of Venue pursuant to RSMo §§ 545.430, 545.473, and 545.490, the Court having reviewed the petition, supporting affidavits, exhibits, rebuttal evidence (if any), and arguments of counsel:

THE COURT FINDS that [the minds of the inhabitants of [________________________________] County are so prejudiced against the Defendant that a fair trial cannot be had therein / the State has undue influence over the inhabitants of the county].

IT IS THEREFORE ORDERED that:

1. The Defendant's Petition for Change of Venue is SUSTAINED.

2. This case is transferred to the Circuit Court of [________________________________] County, [____] Judicial Circuit, State of Missouri.

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 [________________________________], [____].

___________________________________________
Judge, Circuit Court of Missouri

10. Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Petition for Change of Venue and all attached exhibits and affidavits was served upon:

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

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing via Missouri CaseNet / Show-Me Courts

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

11. Missouri Practice Notes

• Two Statutory Grounds: RSMo § 545.473 identifies two specific grounds: (1) inhabitants prejudiced against the defendant, and (2) state has undue influence over the inhabitants. Allege one or both.

• 30-Day Filing Deadline (Felonies): For felony cases, the application must be filed not later than thirty (30) days after arraignment. This is a critical deadline.

• Mandatory Affidavits: RSMo § 545.490 requires: (1) the petitioner's own affidavit, and (2) affidavits of at least two credible disinterested citizens of the county. "Disinterested" citizens must have no personal interest in the case outcome.

• Proof Required: The truth of the allegations must be proved to the satisfaction of the court by legal and competent evidence. Mere allegations in the petition are insufficient.

• Prosecution May Rebut: The prosecuting attorney has the right to offer evidence in rebuttal of the defendant's showing. Anticipate and prepare for this.

• Missouri Uses "Sustained/Overruled": Missouri courts often use "sustained" rather than "granted" for motions. Use appropriate terminology.

• Supreme Court Rule 32.04: Consult this rule for additional procedural requirements, including the court's authority and process for selecting the receiving county.

• Appellate Review: Denial is reviewed for abuse of discretion. The quality of the supporting evidence and affidavits is critical. A thorough evidentiary record is essential.

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