TABLE OF CONTENTS

1. Caption
2. Motion for Change of Venue or Change of Venire
3. Statement of Facts
4. Grounds for Change of Venue / Venire
   - A. Pretrial Publicity
   - B. Community Prejudice
   - C. Convenience of Parties and Witnesses
   - D. Safety Concerns
5. Constitutional Basis
6. Rule and Statutory Authority
7. Factors for Court Consideration
8. Proposed Alternative Venue or Venire County
9. Supporting Affidavits and Evidence
10. Conclusion and Prayer for Relief
11. Proposed Order
12. Certificate of Service

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

CRIMINAL DIVISION

MOTION FOR CHANGE OF VENUE OR CHANGE OF VENIRE

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 Commonwealth of Pennsylvania, or in the alternative, for a change of venire, pursuant to Pa.R.Crim.P. 584.

In support of this Motion, Defendant states as follows:

I. STATEMENT OF FACTS

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

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

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

4.

[________________________________]
[________________________________]
[________________________________]

II. GROUNDS FOR CHANGE OF VENUE / VENIRE

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 such pretrial publicity, 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 I, Section 9 of the Pennsylvania Constitution provides that "[i]n all criminal prosecutions the accused hath a right to ... a speedy public trial by an impartial jury of the vicinage."

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. RULE AND STATUTORY AUTHORITY

15. Pa.R.Crim.P. 584(A) provides: "All motions for change of venue or for change of venire shall be made to the court in which the case is currently pending."

16. Pa.R.Crim.P. 584(B) provides: "Venue or venire may be changed by the court when it is determined after hearing that a fair and impartial trial cannot otherwise be had in the county where the case is currently pending."

17. Pa.R.Crim.P. 584(C) provides: "An order changing venue or venire shall be certified forthwith to the Supreme Court. The Supreme Court shall designate and notify the county of transfer or the county from which the jury is to be impanelled."

18. 42 Pa.C.S. § 8701 provides that all costs accruing from a change of venue or change of venire shall be paid by the county in which the complaint was filed.

19. The Pennsylvania Supreme Court has held that the defendant bears the burden of demonstrating that pretrial publicity has so tainted the jury pool that a fair trial cannot be had. Commonwealth v. Briggs, 608 Pa. 430 (2011).

V. FACTORS FOR COURT CONSIDERATION

20. Pennsylvania courts consider the following factors in evaluating a motion for change of venue or venire:

☐ 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
☐ Whether less drastic remedies (e.g., change of venire, continuance) would be adequate

See Commonwealth v. Briggs, 608 Pa. 430 (2011); Commonwealth v. Bomar, 573 Pa. 426 (2003).

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

VI. PROPOSED ALTERNATIVE VENUE OR VENIRE COUNTY

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

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 a change of venire, with the jury to be summoned and impaneled from [________________] County, to try this matter in [________________] County.

25. In the further alternative, the Defendant requests that the Pennsylvania Supreme Court designate an appropriate county of transfer or venire county.

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

26. 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. Certify the order to the Pennsylvania Supreme Court for designation of the county of transfer, pursuant to Pa.R.Crim.P. 584(C);
3. In the alternative, grant a change of venire and certify the order to the Pennsylvania Supreme Court for designation of the county of impanelment;
4. Order such further relief as the Court deems just and proper.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

_________________________________________
[DEFENSE ATTORNEY NAME]
Attorney for Defendant
Pa. Attorney ID No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Pennsylvania [ZIP CODE]
Telephone: [________________]
Facsimile: [________________]
Email: [________________]

PROPOSED ORDER

IN THE COURT OF COMMON PLEAS OF [________________] COUNTY, PENNSYLVANIA
CRIMINAL DIVISION

Upon consideration of the Defendant's Motion for Change of Venue or Change of Venire, the supporting affidavits and evidence, the hearing held on [__/__/____], 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/Venire] is GRANTED, pursuant to Pa.R.Crim.P. 584.

IT IS FURTHER ORDERED that this Order is certified forthwith to the Supreme Court of Pennsylvania for designation of the county of [transfer / impanelment], pursuant to Pa.R.Crim.P. 584(C).

IT IS FURTHER ORDERED that all costs accruing from this change of [venue/venire] shall be paid by [________________] County, pursuant to 42 Pa.C.S. § 8701.

BY THE COURT:

DATED this [__/__/____].

_________________________________________
Honorable [________________], J.

CERTIFICATE OF SERVICE

I hereby certify that on the [__/__/____], I served a true and correct copy of the foregoing MOTION FOR CHANGE OF VENUE OR CHANGE OF VENIRE and all attached exhibits upon the following by the method indicated:

☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing/Service (via PACFile)
☐ Facsimile

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

_________________________________________
[DEFENSE ATTORNEY NAME]

PENNSYLVANIA STATE PRACTICE NOTES

• Supreme Court Certification: Pennsylvania is unique in that orders granting change of venue or venire must be certified to the Supreme Court, which designates the county of transfer or impanelment. Pa.R.Crim.P. 584(C). The trial court does not choose the receiving county.
• Change of Venire Alternative: Pennsylvania specifically provides for a "change of venire" -- bringing jurors from another county to try the case in the original county. This is often ordered as a less drastic alternative to a full venue change.
• Hearing Required: Pa.R.Crim.P. 584(B) requires a hearing before the court may change venue or venire.
• Cost Allocation: All costs are paid by the county where the complaint was filed. 42 Pa.C.S. § 8701.
• Burden of Proof: The defendant bears the burden of demonstrating that a fair and impartial trial cannot be had. Commonwealth v. Briggs, 608 Pa. 430 (2011).
• Vicinage Right: The Pennsylvania Constitution uses the term "vicinage" rather than "county," which may provide broader protections than the federal right.
• Media Market Overlap: Pennsylvania spans multiple media markets (Philadelphia, Pittsburgh, Harrisburg, etc.). In high-profile cases, publicity may extend across large regions, which should be addressed when proposing alternative venues.
• Electronic Filing: Pennsylvania uses the PACFile system for electronic filing. Verify local requirements.
• Standard of Review: The trial court's decision is reviewed for abuse of discretion, but the Supreme Court's designation of the receiving county is generally not reviewable.