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 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 DISTRICT COURT OF [________________] COUNTY

STATE OF OKLAHOMA

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 Oklahoma, pursuant to 22 Okla. Stat. § 561.

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, Oklahoma.

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. As a result of this 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. 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 II, Section 20 of the Oklahoma Constitution provides that "[i]n all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury of the county in which the crime shall 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).

15. The Oklahoma City bombing case (United States v. McVeigh) is a landmark example of a change of venue being granted due to pervasive community prejudice and pretrial publicity.

IV. STATUTORY AUTHORITY

16. 22 Okla. Stat. § 561 provides: "In all cases in which it is made to appear to the court by affidavit or otherwise, that a fair and impartial trial cannot be had in the county where the suit is pending, the court may, on application of either party, direct a change of venue to some county where such objection does not exist."

17. The statute further provides that when there are several defendants and the cause for removal exists only as to one or more, the other defendants shall be tried in the original county as if no order of removal had been made.

18. 22 Okla. Stat. § 562 provides that the court fund of the county from which the action is removed shall be liable for all expenses, including fees of jurors and witnesses, court reporter's fees, sheriff fees and mileage, and bailiff per diem during trial.

19. The decision to grant or deny a change of venue is within the sound discretion of the trial court and will not be reversed on appeal absent an abuse of discretion. Fox v. State, 1988 OK CR 69.

V. FACTORS FOR COURT CONSIDERATION

20. Oklahoma 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

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 District Court, Oklahoma.

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 an appropriate county where such objections to a fair trial do not exist.

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, Oklahoma, 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
OBA No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Oklahoma [ZIP CODE]
Telephone: [________________]
Facsimile: [________________]
Email: [________________]

PROPOSED ORDER

IN THE DISTRICT COURT OF [________________] COUNTY
STATE OF OKLAHOMA

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.

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to 22 Okla. Stat. § 561.

IT IS FURTHER ORDERED that this matter is transferred to the District Court of [________________] County, Oklahoma, 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.

IT IS FURTHER ORDERED that the court fund of [________________] County shall bear all costs and expenses of this change of venue, pursuant to 22 Okla. Stat. § 562.

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] County District Attorney's Office
[ADDRESS LINE 1]
[CITY], Oklahoma [ZIP CODE]
Telephone: [________________]
Email: [________________]

_________________________________________
[DEFENSE ATTORNEY NAME]

OKLAHOMA STATE PRACTICE NOTES

• Affidavit Requirement: Under 22 O.S. § 561, the application for change of venue must be supported by affidavit showing that a fair and impartial trial cannot be had.
• Either Party May Move: Both the prosecution and the defense may apply for a change of venue.
• Cost Allocation: The court fund of the county from which the case is removed bears all expenses, including juror fees, witness fees, court reporter fees, sheriff fees and mileage, and bailiff per diem. 22 O.S. § 562.
• Multiple Defendants: When grounds for removal exist as to some but not all defendants, only those defendants are removed; the others are tried in the original county. 22 O.S. § 561.
• Oklahoma City Bombing Precedent: The McVeigh case (transferred from Oklahoma County to Denver, Colorado under federal rules) is a significant Oklahoma precedent for the impact of pervasive pretrial publicity, though it was a federal case.
• Standard of Review: The trial court's decision is reviewed for abuse of discretion. Fox v. State, 1988 OK CR 69.
• No Limitation on Receiving County: The statute does not require transfer to an adjoining county; the case may be sent to any county where the objection does not exist.
• Timing: File the motion as early as practicable. The court may hold an evidentiary hearing with witness testimony.