TABLE OF CONTENTS

1. Caption
2. Motion for Change of Venue
3. Statement of Facts
4. Grounds for Change of Venue
   - A. Pretrial Publicity / Prejudice
   - 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 CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________]

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 Oregon, pursuant to ORS 131.335 through ORS 131.363.

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, Oregon.

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

4.

[________________________________]
[________________________________]
[________________________________]

II. GROUNDS FOR CHANGE OF VENUE

A. Pretrial Publicity / Prejudice (ORS 131.355)

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. The inhabitants of [________________] County are so prejudiced 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. Convenience of Parties and Witnesses (ORS 131.363)

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 I, Section 11 of the Oregon Constitution provides that "[i]n all criminal prosecutions, the accused shall have the right to ... trial by an impartial jury."

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. ORS 131.335 provides that "the defendant in a criminal action may have the place of trial changed only once, except for causes arising after the first change was allowed."

16. ORS 131.345 prescribes the timing for a motion for change of venue.

17. ORS 131.355 provides for a change of venue when the inhabitants of the county are so prejudiced against the defendant that a fair and impartial trial cannot be had. The expenses of a change under this section shall not be taxed against the defendant.

18. ORS 131.363 provides for a change of venue in other cases where the ends of justice require it.

19. ORS 131.385 provides that the change of venue is complete when the clerk transmits the papers to the court of the county to which the action is transferred.

20. ORS 131.395 provides that the expenses of a change of venue for prejudice shall not be taxed against the defendant.

21. All objections to improper place of trial are waived unless the defendant objects in the manner prescribed by ORS 131.335 to 131.363.

V. FACTORS FOR COURT CONSIDERATION

22. Oregon 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

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

VI. PROPOSED ALTERNATIVE VENUE

24. The Defendant respectfully proposes that this matter be transferred to [________________] County Circuit Court, Oregon.

25. 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.

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

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

27. 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 Circuit Court, Oregon, 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
Oregon State Bar No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Oregon [ZIP CODE]
Telephone: [________________]
Facsimile: [________________]
Email: [________________]

PROPOSED ORDER

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________]

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 [the inhabitants of [________________] County are so prejudiced against the Defendant that a fair and impartial trial cannot be had / the ends of justice require transfer of this proceeding].

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to ORS 131.[355/363].

IT IS FURTHER ORDERED that this matter is transferred to the Circuit Court of the State of Oregon for the County of [________________] for all further proceedings.

IT IS FURTHER ORDERED that the Clerk of this Court shall transmit all papers in this case to the Clerk of the receiving court, pursuant to ORS 131.385.

IT IS FURTHER ORDERED that the expenses of this change of venue [shall not be taxed against the Defendant, pursuant to ORS 131.395 / shall be allocated as provided by law].

DATED this [__/__/____].

_________________________________________
Honorable [________________]
Circuit 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 (via Oregon eCourt)
☐ Facsimile

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

_________________________________________
[DEFENSE ATTORNEY NAME]

OREGON STATE PRACTICE NOTES

• One Change Only: Under ORS 131.335, a defendant may have the place of trial changed only once, except for causes arising after the first change was allowed.
• Two Bases for Change: Oregon provides two distinct statutory bases: (1) ORS 131.355 for prejudice, and (2) ORS 131.363 for other cases where the ends of justice require it.
• No Costs to Defendant for Prejudice-Based Change: Under ORS 131.395, the expenses of a change of venue for prejudice (ORS 131.355) shall not be taxed against the defendant.
• Waiver: All objections to improper place of trial are waived unless the defendant objects in the manner set forth in ORS 131.335 to 131.363.
• Timing: ORS 131.345 sets the deadline for filing a motion for change of venue. File as early as practicable.
• Transfer Completion: The change is complete when the clerk transmits the papers to the receiving court. ORS 131.385.
• Defendant in Custody: ORS 131.415 governs conveyance of a defendant in custody after a change of venue is ordered.
• Electronic Filing: Oregon uses the Oregon eCourt system (Oregon Judicial Department) for electronic filing. Verify local requirements.
• Standard of Review: The trial court's decision is reviewed for abuse of discretion.