Motion for Change of Venue

TABLE OF CONTENTS

1. Caption
2. Motion for Change of Venue
3. Statement of Facts
4. Grounds for Change of Venue
   - A. Pretrial Publicity
   - B. Community Prejudice
   - C. Convenience of Parties and Witnesses
   - D. Safety Concerns
5. Constitutional Basis
6. Statutory and Rule Authority
7. Factors for Court Consideration
8. Proposed Alternative Venue
9. Supporting Affidavits and Evidence
10. Conclusion and Prayer for Relief
11. Proposed Order
12. Certificate of Service

STATE OF NORTH DAKOTA

COUNTY OF [________________]

IN DISTRICT COURT, [________________] JUDICIAL DISTRICT

MOTION FOR CHANGE OF VENUE

COMES NOW the Defendant, [DEFENDANT FULL LEGAL NAME], by and through [his/her/their] attorney, [DEFENSE ATTORNEY NAME], of [LAW FIRM NAME], and respectfully moves this Honorable Court for an Order changing the venue of the above-captioned matter from [________________] County to another county within the State of North Dakota, pursuant to N.D.R.Crim.P. 21.

In support of this Motion, Defendant states as follows:

I. STATEMENT OF FACTS

1. The Defendant is charged with [CHARGES AND STATUTORY CITATIONS] by [Information/Indictment] filed on [__/__/____].

2. The alleged offense(s) occurred on or about [__/__/____] in [________________] County, North Dakota.

3. The case is currently set for trial on [__/__/____] before the Honorable Judge [________________].

[________________________________]
[________________________________]
[________________________________]

II. GROUNDS FOR CHANGE OF VENUE

A. Pretrial Publicity

5. The above-captioned matter has received extensive and prejudicial pretrial publicity in [________________] County, including but not limited to:

☐ Television news coverage on [STATION(S)] on the following dates: [________________________________]

☐ Newspaper articles published in [PUBLICATION(S)] on the following dates: [________________________________]

☐ Radio broadcasts on [STATION(S)] on the following dates: [________________________________]

☐ Online media coverage and social media discussion, including: [________________________________]

☐ Other forms of publicity: [________________________________]

6. The nature and extent of such publicity has been [inflammatory/prejudicial/pervasive] and has included .

[________________________________]

7. Due to the population of [________________] County (approximately [____] residents), the saturation of pretrial publicity is particularly severe, making it virtually impossible to empanel an impartial jury.

B. Community Prejudice

8. Such prejudice exists against the Defendant in [________________] County that the Defendant cannot obtain a fair and impartial trial, as demonstrated by:

☐ Public statements made by community leaders or officials: [________________________________]

☐ Organized community actions against the Defendant: [________________________________]

☐ Social media campaigns or petitions: [________________________________]

☐ The nature of the alleged victim's standing in the community: [________________________________]

☐ Other demonstrations of community prejudice: [________________________________]

C. Convenience of Parties and Witnesses

9. Pursuant to N.D.R.Crim.P. 21(b), a change of venue would serve the convenience of the parties and witnesses and promote the interests of justice because:

☐ The majority of defense witnesses reside in [________________] County.

☐ Key evidence is located in [________________] County.

☐ Travel to the current venue imposes an undue burden on: [________________________________]

☐ Other convenience factors: [________________________________]

D. Safety Concerns

10. A change of venue is necessary to ensure the safety and security of the Defendant, counsel, witnesses, jurors, and/or court personnel because:

☐ Threats have been made against the Defendant: [________________________________]

☐ Threats have been made against defense counsel or witnesses: [________________________________]

☐ Public demonstrations have occurred at or near the courthouse: [________________________________]

☐ Law enforcement has expressed security concerns: [________________________________]

III. CONSTITUTIONAL BASIS

11. The Sixth Amendment to the United States Constitution guarantees the Defendant the right to a trial "by an impartial jury of the State and district wherein the crime shall have been committed."

12. The Fourteenth Amendment to the United States Constitution guarantees the Defendant the right to due process of law, which includes the right to a fair trial before an impartial jury.

13. Article I, Section 13 of the North Dakota Constitution provides that "[t]he right of trial by jury shall be secured to all, and shall remain inviolate."

14. The United States Supreme Court has recognized that when pretrial publicity or community prejudice is so pervasive as to render a fair trial impossible, a change of venue is constitutionally required. Sheppard v. Maxwell, 384 U.S. 333 (1966); Irvin v. Dowd, 366 U.S. 717 (1961).

IV. STATUTORY AND RULE AUTHORITY

15. N.D.R.Crim.P. 21(a) provides: "Upon the defendant's motion, the court must transfer the proceeding ... to another county if the court is satisfied that so great a prejudice against the defendant exists in the transferring county that the defendant cannot obtain a fair and impartial trial there."

16. N.D.R.Crim.P. 21(b) provides: "Upon the defendant's motion, the court may transfer the proceeding ... to another county for the convenience of the parties and witnesses and in the interest of justice."

17. N.D. Cent. Code § 29-15-01 et seq. provides additional statutory procedures for change of judge and venue in criminal proceedings, including affidavit requirements.

18. The decision on a motion for change of venue rests within the sound discretion of the trial court and will not be disturbed absent an abuse of discretion. State v. Henning, 2005 ND 81.

V. FACTORS FOR COURT CONSIDERATION

19. North Dakota courts consider the following factors in evaluating a motion for change of venue:

☐ The nature and extent of pretrial publicity
☐ Whether the publicity is inflammatory or merely factual
☐ The size of the community and the degree of publicity saturation
☐ The length of time between the publicity and the trial
☐ The difficulty encountered in empaneling an impartial jury
☐ The severity and notoriety of the charged offense(s)
☐ Whether the publicity contains information not admissible at trial
☐ Whether public officials have made prejudicial statements

20. Application of these factors to the present case demonstrates: [________________________________]

VI. PROPOSED ALTERNATIVE VENUE

21. The Defendant respectfully proposes that this matter be transferred to [________________] County, [________________] Judicial District, North Dakota.

22. The proposed venue is appropriate because:

☐ It is sufficiently distant from [________________] County to minimize the impact of pretrial publicity.
☐ The proposed county has not experienced the same degree of media coverage or community prejudice.
☐ The proposed county has adequate courtroom facilities and resources.
☐ The proposed county is reasonably accessible to the parties, witnesses, and counsel.
☐ Transfer to this venue would serve the interests of justice.

23. In the alternative, the Defendant requests that the Court select an appropriate venue that is free from the prejudice described herein.

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

24. In support of this Motion, the Defendant submits the following:

☐ Exhibit A: Affidavit of [DEFENDANT / DEFENSE COUNSEL] regarding grounds for change of venue
☐ Exhibit B: Copies of media articles and news reports concerning this case
☐ Exhibit C: Screenshots or printouts of social media posts and online commentary
☐ Exhibit D: Affidavit(s) of community members regarding local sentiment
☐ Exhibit E: Survey or poll results regarding community awareness and prejudice (if available)
☐ Exhibit F: Documentation of threats or safety concerns
☐ Exhibit G: [OTHER SUPPORTING DOCUMENTATION]

VIII. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

1. Grant this Motion for Change of Venue;
2. Transfer the above-captioned matter to [________________] County, North Dakota, or such other county as the Court deems appropriate;
3. Order such further relief as the Court deems just and proper.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

_________________________________________
[DEFENSE ATTORNEY NAME]
Attorney for Defendant
N.D. Bar ID No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], North Dakota [ZIP CODE]
Telephone: [________________]
Facsimile: [________________]
Email: [________________]

PROPOSED ORDER

STATE OF NORTH DAKOTA
COUNTY OF [________________]
IN DISTRICT COURT, [________________] JUDICIAL DISTRICT

Upon consideration of the Defendant's Motion for Change of Venue, the supporting affidavits and evidence, and the Court being fully advised in the premises:

The Court finds that [so great a prejudice against the Defendant exists in [________________] County that the Defendant cannot obtain a fair and impartial trial / the convenience of the parties and witnesses and the interests of justice require transfer of this proceeding].

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to N.D.R.Crim.P. 21([a/b]).

IT IS FURTHER ORDERED that this matter is transferred to the District Court, [________________] Judicial District, [________________] County, North Dakota, for all further proceedings.

IT IS FURTHER ORDERED that the Clerk of this Court shall transmit certified copies of all papers and proceedings in this case to the Clerk of the receiving court.

DATED this [__/__/____].

_________________________________________
Honorable [________________]
District Court Judge

CERTIFICATE OF SERVICE

I hereby certify that on the [__/__/____], I served a true and correct copy of the foregoing MOTION FOR CHANGE OF VENUE and all attached exhibits upon the following by the method indicated:

☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing/Service
☐ Facsimile

[PROSECUTOR NAME]
[COUNTY] State's Attorney's Office
[ADDRESS LINE 1]
[CITY], North Dakota [ZIP CODE]
Telephone: [________________]
Email: [________________]

_________________________________________
[DEFENSE ATTORNEY NAME]

NORTH DAKOTA STATE PRACTICE NOTES

• Mandatory vs. Permissive Transfer: Under Rule 21(a), the court "must" transfer when satisfied that prejudice prevents a fair trial. Under Rule 21(b), the court "may" transfer for convenience -- a lower standard for the court but less compulsory.
• Small County Populations: North Dakota has many sparsely populated counties (some under 2,000 residents), making pretrial publicity arguments particularly effective in smaller jurisdictions.
• Affidavit Requirements: N.D. Cent. Code § 29-15-13 et seq. may require a supporting affidavit regarding prejudice as part of the venue change procedures.
• Standard of Review: The trial court's decision is reviewed for abuse of discretion. State v. Henning, 2005 ND 81.
• Recent Rule Amendments: North Dakota periodically amends its Rules of Criminal Procedure. Verify current rule text before filing.
• State's Attorney: In North Dakota, the prosecutor is the "State's Attorney" (not "District Attorney").
• Timing: File the motion as early as practicable to demonstrate good faith and the seriousness of the prejudice claims.