Motion for Change of Venue - New Hampshire

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. Other Fair Trial Facts
   • 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

THE STATE OF NEW HAMPSHIRE

[________________] COUNTY SUPERIOR COURT

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 New Hampshire, pursuant to N.H. R. Crim. P. 18(b).

In support of this Motion, Defendant states as follows:

I. STATEMENT OF FACTS

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

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

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

4.

[________________________________]
[________________________________]
[________________________________]

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. In addition to pretrial publicity, the community of [________________] County harbors such prejudice against the Defendant that a fair and impartial trial cannot be had, 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. Other Fair Trial Facts

9. Additional facts showing that a fair and impartial trial cannot be had in the original county include:

☐ Jury selection responses indicating prejudice: [________________________________]

☐ Case-specific local relationships affecting juror impartiality: [________________________________]

☐ Other facts bearing on the ability to obtain a fair and impartial trial: [________________________________]

D. Safety Concerns

10. The following safety facts bear on whether a fair and impartial trial can be had in [________________] County:

☐ 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. Part I, Article 17 of the New Hampshire Constitution places the trial of facts in the county or judicial district where the offense was committed, but requires transfer on the defendant's motion if the court finds that a fair and impartial trial cannot be had there. In that event, the court shall direct trial in a county or judicial district where a fair and impartial trial can be obtained.

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.H. R. Crim. P. 18(a) and RSA 602:1 generally place trial in the county or judicial district where the offense was committed. RSA 602:1 also addresses offenses spanning counties or judicial districts.

16. N.H. R. Crim. P. 18(b) permits the court, on the defendant's motion, to transfer the case to another county or judicial district when it finds that a fair and impartial trial cannot be had where the offense was committed.

17. The trial court’s determination of juror impartiality receives special deference on appeal; its venue ruling will not be reversed unless it amounts to manifest error. State v. Addison, 165 N.H. 381 (2013).

V. FACTORS FOR COURT CONSIDERATION

18. New Hampshire 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 in nature
☐ 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
☐ The results of any voir dire examination already conducted

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

VI. PROPOSED ALTERNATIVE VENUE

20. The Defendant respectfully proposes that this matter be transferred to [________________] County Superior Court, New Hampshire.

21. 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.
☐ The proposed venue would permit a fair and impartial trial.

22. In the alternative, the Defendant requests that the Court select an appropriate county where a fair and impartial trial may be had.

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

23. 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 Superior Court, New Hampshire, 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.H. Bar No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], New Hampshire [ZIP CODE]
Telephone: [________________]
Facsimile: [________________]
Email: [________________]

PROPOSED ORDER

THE STATE OF NEW HAMPSHIRE
[________________] COUNTY SUPERIOR COURT

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:

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED.

IT IS FURTHER ORDERED that this matter is transferred to [________________] County Superior Court for all further proceedings, pursuant to N.H. R. Crim. P. 18(b).

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.

SO ORDERED.

DATED this [__/__/____].

_________________________________________
Honorable [________________]
Superior 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] County Attorney's Office
[ADDRESS LINE 1]
[CITY], New Hampshire [ZIP CODE]
Telephone: [________________]
Email: [________________]

_________________________________________
[DEFENSE ATTORNEY NAME]

NEW HAMPSHIRE STATE PRACTICE NOTES

• Defendant-Only Motion: Under N.H. R. Crim. P. 18(b), only the defendant may move for a change of venue in a criminal case; the prosecution does not have standing to make such a motion.
• Constitutional Preference for Local Trial: The New Hampshire Constitution, pt. I, art. 17, expresses a strong preference for trial in the county where the offense was committed. This means the court will require a strong showing of prejudice before granting a transfer.
• Small State Considerations: New Hampshire has only 10 counties; widespread media coverage may extend statewide, potentially limiting the effectiveness of a venue change. Be prepared to address how transfer to a different county will actually mitigate the prejudice.
• Standard of Review: A venue ruling receives special deference and will not be reversed absent manifest error. State v. Addison, 165 N.H. 381 (2013).
• Cross-County Offenses: If an offense is committed partly in one county and partly in another, it may be prosecuted in either county under N.H. R. Crim. P. 18(a).
• Timing: File the motion as early as practicable. Courts may consider tardiness in evaluating the seriousness of the prejudice claims.
• Electronic Filing: Superior Court Supplemental Rule 1B generally requires attorneys to file criminal-case documents through the court's electronic filing system. Check the rule and any court order for an exception or permission to file conventionally. Self-represented litigants file conventionally under Rule 1B(c).