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 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

IN THE COURT OF COMMON PLEAS

[________________] COUNTY, OHIO

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 Ohio, pursuant to Ohio Rev. Code § 2901.12(K) and Ohio R. Crim. P. 18.

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] filed on [__/__/____].

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

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 pretrial publicity, it appears that a fair and impartial trial cannot be had in [________________] County.

B. Community Prejudice

8. Such prejudice exists 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. It appears that trial should be held in another jurisdiction for the convenience of the parties and in 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 10 of the Ohio Constitution provides that "[i]n any trial, in any court, the party accused shall be allowed ... a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed."

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 AUTHORITY

15. Ohio Rev. Code § 2901.12(K) provides: "Venue may be changed, upon motion of the prosecution, the defense, or the court, to any court having jurisdiction of the subject matter outside the county in which trial otherwise would be held, when it appears that a fair and impartial trial cannot be held in the jurisdiction in which trial otherwise would be held, or when it appears that trial should be held in another jurisdiction for the convenience of the parties and in the interests of justice."

16. Ohio R. Crim. P. 18 provides that the court may transfer an action to any court having jurisdiction of the subject matter outside the county when it appears that a fair and impartial trial cannot be had in the court in which the action is pending.

17. Ohio Rev. Code § 2931.29 establishes procedures for effecting a change of venue, including transfer of a certified transcript of proceedings.

18. Ohio Rev. Code § 2931.30 governs the transfer of the accused when a change of venue is ordered.

19. Ohio Rev. Code § 2931.31 provides that all costs and expenses resulting from a change of venue shall be paid by the county from which the case is transferred.

V. FACTORS FOR COURT CONSIDERATION

20. Ohio 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
☐ The results of voir dire examination

See State v. Lundgren, 73 Ohio St.3d 474 (1995); State v. Treesh, 90 Ohio St.3d 460 (2001).

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

VI. PROPOSED ALTERNATIVE VENUE

22. The Defendant respectfully proposes that this matter be transferred to [________________] County Court of Common Pleas, Ohio.

23. 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.

24. In the alternative, the Defendant requests that the Court select any court having jurisdiction of the subject matter outside [________________] County that is free from the prejudice described herein.

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

25. 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 Court of Common Pleas, Ohio, or such other county as the Court deems appropriate;
3. Order such further relief as the Court deems just and equitable.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

_________________________________________
[DEFENSE ATTORNEY NAME]
Attorney for Defendant
Ohio Supreme Court Reg. No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Ohio [ZIP CODE]
Telephone: [________________]
Facsimile: [________________]
Email: [________________]

PROPOSED ORDER

IN THE COURT OF COMMON PLEAS
[________________] COUNTY, OHIO

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 [a fair and impartial trial cannot be had in [________________] County / the convenience of the parties and the interests of justice require transfer].

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to Ohio Rev. Code § 2901.12(K) and Ohio R. Crim. P. 18.

IT IS FURTHER ORDERED that this matter is transferred to the Court of Common Pleas of [________________] County, Ohio, for all further proceedings.

IT IS FURTHER ORDERED that the Clerk of this Court shall make a certified transcript of all proceedings and transmit the same, together with the original indictment and all papers, to the Clerk of the receiving court, pursuant to Ohio Rev. Code § 2931.29.

IT IS FURTHER ORDERED that all costs and expenses of this change of venue shall be paid by [________________] County, pursuant to Ohio Rev. Code § 2931.31.

IT IS SO ORDERED.

DATED this [__/__/____].

_________________________________________
Honorable [________________]
Judge, Court of Common Pleas

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 Prosecutor's Office
[ADDRESS LINE 1]
[CITY], Ohio [ZIP CODE]
Telephone: [________________]
Email: [________________]

_________________________________________
[DEFENSE ATTORNEY NAME]

OHIO STATE PRACTICE NOTES

• Dual Grounds: Ohio law provides two independent grounds for change of venue: (1) a fair and impartial trial cannot be had, and (2) convenience of the parties and interests of justice. Ohio Rev. Code § 2901.12(K).
• Any Party May Move: Unlike some states, Ohio permits the prosecution, the defense, or the court itself to initiate a change of venue motion.
• Transfer Procedures: The clerk makes a certified transcript of proceedings, which is transmitted with the original indictment to the receiving court. The trial proceeds as if the cause originated in the receiving court. Ohio Rev. Code § 2931.29.
• Cost Allocation: All costs and expenses are paid by the county from which the case is transferred. Ohio Rev. Code § 2931.31.
• Voir Dire Emphasis: Ohio courts give significant weight to voir dire results. Consider filing the motion early but be prepared to renew it during jury selection.
• Standard of Review: The trial court's decision is reviewed for abuse of discretion. State v. Lundgren, 73 Ohio St.3d 474 (1995).
• Pretrial Publicity Focus: The most common ground for change of venue in Ohio is pretrial publicity that has so tainted the jury pool that a fair trial cannot be had.
• Electronic Filing: Many Ohio courts use electronic filing systems. Check local rules for the specific county.