Motion for Change of Venue - Ohio

MOTION FOR CHANGE OF VENUE — OHIO CRIMINAL CASE

IMPORTANT USE INSTRUCTIONS

Ohio Crim.R. 18(B) permits a court, on a party's motion or its own motion, to transfer a criminal action to a court with subject-matter jurisdiction outside the county when a fair and impartial trial cannot be held in the court where the action is pending.

The motion ordinarily must be made within 35 days after arraignment or seven days before trial, whichever is earlier. The court may permit filing at a reasonable later time. This template focuses on that Rule 18(B) route. It does not treat witness convenience, litigation expense, or generalized safety concerns as independent grounds unless counsel connects them to current controlling authority or to the Rule 18(B) fair-and-impartial-trial standard.

1. CAPTION

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY, OHIO

DEFENDANT'S MOTION FOR CHANGE OF VENUE

2. CASE AND TIMING INFORMATION

☐ The motion is filed by the earlier Rule 18(B)(1) date.

☐ The motion is later, and Defendant requests permission to file at a reasonable later time because:

[________________________________]

[________________________________]

3. MOTION

The Defendant, [________________________________], through counsel, moves under Ohio Crim.R. 18(B) to transfer this action from the Court of Common Pleas of [________________________________] County to another Ohio court having jurisdiction of the subject matter.

The current record shows that a fair and impartial trial cannot be held in the court where the action is pending for the reasons stated below.

4. PROCEDURAL HISTORY

1. On [__/__/____], [________________________________] filed the [complaint / indictment / information] charging Defendant with [________________________________].

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

3. Trial is presently set for [__/__/____].

4. The following events bear on the ability to conduct a fair and impartial trial in the pending court:

[________________________________]

[________________________________]

[________________________________]

5. FACTUAL BASIS FOR TRANSFER

Check and support only the facts that apply.

A. Publicity concerning the case

☐ Broadcast coverage

☐ Print or online news coverage

☐ Social-media circulation

☐ Public statements by officials or witnesses

☐ Publication of disputed or potentially inadmissible information

☐ Other: [________________________________]

Dates, outlets, reach, and content:

[________________________________]

[________________________________]

B. Community conditions

☐ Public demonstrations or organized activity

☐ Widespread community discussion or advocacy

☐ Statements reflecting fixed opinions about guilt or punishment

☐ Relationship of a party or witness to the local community

☐ Other: [________________________________]

Supporting facts:

[________________________________]

[________________________________]

C. Jury-selection information, if available

☐ Questionnaires or survey information

☐ Prior voir dire responses

☐ Juror hardship or security information relevant to impartiality

☐ Other: [________________________________]

Supporting facts and source:

[________________________________]

[________________________________]

D. Other facts tied to the Rule 18(B) standard

[________________________________]

[________________________________]

6. EVIDENCE AND AUTHENTICATION PLAN

☐ Affidavit or declaration from counsel or investigator

☐ Copies of media reports

☐ Screenshots with URL, date, and collection information

☐ Recording, transcript, or certified public statement

☐ Jury questionnaire or voir dire material authorized for filing

☐ Other: [________________________________]

Confidential material requiring sealing, redaction, or separate handling:

[________________________________]

7. MEMORANDUM OF AUTHORITY

Ohio Crim.R. 18(B) provides that, on a party's motion or its own motion, the court may transfer an action to any court with subject-matter jurisdiction outside the county where trial otherwise would be held when it appears that a fair and impartial trial cannot be held in the pending court.

Ohio Crim.R. 18(B)(1) supplies the timing rule stated above. Ohio Crim.R. 47 requires a written motion to state the grounds with particularity, identify the requested relief, and include a supporting memorandum with citations of authority.

Application to this case

[________________________________]

[________________________________]

[________________________________]

Additional controlling authority, if relied on

[________________________________]

8. PROPOSED RECEIVING COURT

Proposed county and court: [________________________________]

Basis for believing the proposed court has subject-matter jurisdiction:

[________________________________]

Facts supporting the proposed location:

[________________________________]

Alternative request if that court is unavailable:

[________________________________]

The court retains authority to select an appropriate receiving court under Rule 18(B).

9. REQUEST FOR RELIEF

Defendant requests that the Court:

1. Permit this motion to be filed at a reasonable later time, if that relief is requested and granted under Rule 18(B)(1);
2. Find that a fair and impartial trial cannot be held in the pending court;
3. Transfer the action to a court having jurisdiction of the subject matter outside [________________________________] County; and
4. Direct the clerk and the parties to complete the transfer procedure required by Rule 18(B).

Respectfully submitted,

_________________________________________

[________________________________], Counsel for Defendant

Ohio Sup. Ct. Reg. No. [________________________________]

[________________________________]

Telephone: [________________________________]

Email: [________________________________]

10. PROPOSED ORDER

IN THE COURT OF COMMON PLEAS

[________________________________] COUNTY, OHIO

STATE OF OHIO v. [________________________________]

Case No. [________________________________]

ORDER ON MOTION FOR CHANGE OF VENUE

The Court considered Defendant's Motion for Change of Venue, any response, the evidence, and the applicable law.

☐ The motion is DENIED.

☐ The motion is GRANTED. The Court finds that a fair and impartial trial cannot be held in this Court. Under Ohio Crim.R. 18(B), this action is transferred to:

Receiving court: [________________________________]

The clerk shall make copies of all papers in the action and transmit them, with the original complaint, indictment, or information, to the clerk of the receiving court as required by Ohio Crim.R. 18(B)(2).

Defendant's appearance

☐ Defendant is in custody. The clerk shall issue the warrant required by Ohio Crim.R. 18(B)(4) to bring Defendant to the jail of the receiving county.

☐ Defendant is not in custody. Existing release conditions continue, and Defendant shall appear in the receiving court as directed under Ohio Crim.R. 18(B)(4).

Additional transfer directions consistent with Rule 18(B):

[________________________________]

IT IS SO ORDERED.

_________________________________________

Judge

Date: [__/__/____]

11. CERTIFICATE OF SERVICE

I certify that on [__/__/____], the foregoing Motion for Change of Venue and its exhibits were served on [________________________________] by:

☐ The court's authorized electronic-filing system

☐ United States mail

☐ Hand delivery

☐ Other method authorized by current rule or court order: [________________________________]

_________________________________________

[________________________________]

Ohio Crim.R. 49 requires service of written motions and similar papers, filing simultaneously with or immediately after service, and filed proof stating the date and manner of service.

12. RULE 18(B) TRANSFER CHECKLIST

After an order changing venue, current Ohio Crim.R. 18(B) addresses:

☐ Clerk transmission of the papers and original charging document under division (B)(2)

☐ The originating prosecutor's responsibility and possible appointment of assisting counsel under division (B)(3)

☐ Custody, release conditions, appearance, and witness recognition under division (B)(4)

☐ The expenses listed in division (B)(5)

Person responsible for coordinating with the receiving clerk: [________________________________]

Scheduled appearance or status date: [__/__/____]

Other transfer task: [________________________________]

OFFICIAL SOURCE VERIFIED

• Supreme Court of Ohio, Ohio Rules of Criminal Procedure, Rules 18, 47, and 49: https://www.supremecourt.ohio.gov/docs/legalResources/rules/criminal/criminalprocedure.pdf

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Ohio attorney before use.