MOTION FOR CHANGE OF VENUE (CRIMINAL)

State of Mississippi

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. Sworn Statement of Defendant
10. Proposed Order
11. Certificate of Service
12. Mississippi Practice Notes

1. Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSISSIPPI

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 Mississippi Code Annotated § 99-15-35 for a change of venue from [________________________________] County, Mississippi, to a convenient county where a fair and impartial trial can be had, and in support thereof states:

3. Statement of Facts

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

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

3. [________________________________]

4. By reason of prejudgment of the case and/or grudge or ill will toward the Defendant in the public mind, the Defendant cannot receive a fair and impartial trial in [________________________________] County:
   - [________________________________]
   - [________________________________]
   - [________________________________]

4. Grounds for Change of Venue

Under Miss. Code Ann. § 99-15-35, a change of venue shall be granted upon satisfactory showing of the following statutory grounds:

A. Prejudgment of the Case

☐ The public in [________________________________] County has prejudged this case:

• ☐ Extensive and prejudicial media coverage (print: [____] articles; broadcast: [____] segments)
• ☐ Online and social media coverage (describe: [________________________________])
• ☐ Duration of coverage: [__/__/____] through [__/__/____]
• ☐ Media coverage has implied the Defendant's guilt
• ☐ Community members have expressed opinions about the outcome
• ☐ The case has become a topic of widespread public discussion

B. Grudge or Ill Will to the Defendant in the Public Mind

☐ Grudge or ill will against the Defendant exists in the public mind in [________________________________] County:

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

C. Convenience of Parties and Witnesses

☐ Transfer to a convenient county is warranted because:

• [________________________________]
• [________________________________]

D. Safety and Security Concerns

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

• [________________________________]
• [________________________________]

5. Statutory and Constitutional Authority

A. Mississippi Statutory Authority

Miss. Code Ann. § 99-15-35 provides that on satisfactory showing, in writing, sworn to by the prisoner and supported by affidavits of two or more credible persons, that by reason of prejudgment of the case, or grudge or ill will to the defendant in the public mind, the defendant cannot have a fair and impartial trial in the county where the offense is charged to have been committed, the circuit court, or the judge thereof in vacation, may change the venue in any criminal case to a convenient county.

Miss. Code Ann. § 99-15-37 provides for the transfer of records to the removal court upon a change of venue.

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 3, Section 26 of the Mississippi Constitution guarantees the right to a speedy and public trial by an impartial 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 prejudgment of the case in the community

☐ c. Whether grudge or ill will against the Defendant exists in the public mind

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

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

☐ f. The credibility and specificity of the supporting affidavits

☐ g. The degree of community emotion and hostility

☐ h. Whether alternative remedies (continuance, expanded voir dire) are adequate

☐ i. The results of any attempted voir dire, if applicable

7. Proposed Alternative Venue

The Defendant requests transfer to a convenient county:

Primary Preference: [________________________________] County, Mississippi

Reasons:
- [________________________________]
- Geographic proximity: approximately [____] miles (convenient county)
- Not affected by the prejudgment or ill will prevalent in [________________________________] County
- Adequate court facilities and resources

Secondary Preference: [________________________________] County, Mississippi

8. Supporting Affidavits and Evidence

The following are attached in support of this motion, as required by § 99-15-35:

☐ Exhibit A: Sworn statement of the Defendant (required by statute)

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

☐ Exhibit C: Affidavit of [________________________________], credible person (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: [________________________________]

9. Sworn Statement of Defendant

STATE OF MISSISSIPPI
COUNTY OF [________________________________]

I, [DEFENDANT FULL LEGAL NAME], being duly sworn, state under oath:

1. I am the Defendant in Cause No. [________________________________], pending in the Circuit Court of [________________________________] County, Mississippi.

2. By reason of [prejudgment of this case / grudge or ill will against me in the public mind], I cannot receive a fair and impartial trial in [________________________________] County, Mississippi.

3. The specific facts supporting this belief are as follows:
   - [________________________________]
   - [________________________________]
   - [________________________________]

4. I respectfully request that the venue of this case be changed to a convenient county where a fair and impartial trial can be had.

___________________________________________
[DEFENDANT FULL LEGAL NAME]

Sworn to and subscribed before me this [____] day of [________________________________], [____].

___________________________________________
Notary Public
My Commission Expires: [__/__/____]

10. Proposed Order

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSISSIPPI

ORDER ON MOTION FOR CHANGE OF VENUE

This matter coming before the Court on the Defendant's Motion for Change of Venue pursuant to Miss. Code Ann. § 99-15-35, the Court having reviewed the motion, the sworn statement of the Defendant, supporting affidavits of credible persons, exhibits, and arguments of counsel:

THE COURT FINDS that by reason of [prejudgment of the case / grudge or ill will to the Defendant in the public mind], the Defendant cannot have a fair and impartial trial in [________________________________] County.

IT IS THEREFORE ORDERED that:

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

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

3. The Clerk shall transmit all records, papers, and documents to the Circuit Court of [________________________________] County per § 99-15-37 within [____] days.

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

5. [________________________________]

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

___________________________________________
Circuit Court Judge

11. Certificate of Service

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

[________________________________]
District Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing via the Mississippi Electronic Courts (MEC) system

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

12. Mississippi Practice Notes

• Written and Sworn: Under § 99-15-35, the motion must be in writing and sworn to by the prisoner (defendant). The defendant's sworn statement is a statutory requirement.

• Two Credible Persons Required: The motion must be supported by affidavits of at least two credible persons. This is a mandatory statutory requirement. Failure to provide these affidavits may result in denial.

• Two Statutory Grounds: Mississippi recognizes two specific grounds: (1) prejudgment of the case, and (2) grudge or ill will to the defendant in the public mind. Allege one or both.

• Convenient County: The statute provides for transfer to a "convenient county," meaning reasonably accessible. The court has discretion in selecting the receiving county.

• Circuit Court or Judge in Vacation: The change of venue may be ordered by the circuit court or by the circuit judge during vacation (recess).

• Transfer of Records: Under § 99-15-37, all records are transmitted to the removal court upon the granting of a change of venue.

• Burden of Proof: The Defendant bears the burden of making a satisfactory showing through sworn statements and affidavits.

• Appellate Review: Denial of a change of venue is reviewed for abuse of discretion by the Mississippi Supreme Court or Court of Appeals.

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