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

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

[________________] COUNTY SUPERIOR COURT

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 Rhode Island, pursuant to R.I. Gen. Laws § 8-2-29.

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, Rhode Island.

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

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. 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 15 of the Rhode Island Constitution provides that "[t]he right of trial by jury shall remain inviolate."

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. R.I. Gen. Laws § 8-2-29 authorizes the Superior Court to transfer criminal cases from one county to another when "local prejudice or other cause" prevents a fair and impartial trial.

16. R.I. Gen. Laws § 8-2-30 provides that a petition for change of venue shall set forth the grounds therefor and shall be filed in the clerk's office, with service upon the adverse party.

17. R.I. Gen. Laws § 8-2-31 provides that upon a showing of sufficient cause, the court shall issue an order of removal to the county it deems "most fair and equitable."

18. The Rhode Island Supreme Court has held that the movant must "make it appear to the satisfaction of the court" that public opinion is so prejudiced that a fair jury cannot be obtained from the county residents. State v. Burns, 84 A.2d 801 (R.I. 1951).

V. FACTORS FOR COURT CONSIDERATION

19. Rhode Island 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
☐ Whether less drastic remedies (e.g., continuance, expanded voir dire) would be adequate

See State v. Burns, 84 A.2d 801 (R.I. 1951).

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

VI. PROPOSED ALTERNATIVE VENUE

21. The Defendant respectfully proposes that this matter be transferred to [________________] County Superior Court, Rhode Island.

22. 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.

23. In the alternative, the Defendant requests that the Court select whichever county it deems "most fair and equitable" for the trial of this matter.

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

24. 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. Order the transfer of this matter to [________________] County Superior Court, or to such other county as the Court deems most fair and equitable, pursuant to R.I. Gen. Laws § 8-2-31;
3. Order such further relief as the Court deems just and proper.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

_________________________________________
[DEFENSE ATTORNEY NAME]
Attorney for Defendant
Bar No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Rhode Island [ZIP CODE]
Telephone: [________________]
Email: [________________]

PROPOSED ORDER

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
[________________] COUNTY SUPERIOR COURT

Upon consideration of the Defendant's Motion for Change of Venue, 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 due to [local prejudice / pretrial publicity / other cause].

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to R.I. Gen. Laws § 8-2-29.

IT IS FURTHER ORDERED that the above-captioned matter is transferred to [________________] County Superior Court, which the Court deems the most fair and equitable venue for trial.

IT IS FURTHER ORDERED that the Clerk shall transmit the entire record to the Clerk of [________________] County Superior Court forthwith.

BY THE COURT:

DATED this [__/__/____].

_________________________________________
Honorable [________________], J.

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], 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 eFileRI)
☐ Facsimile

[PROSECUTOR NAME]
Office of the [COUNTY] Attorney General / [COUNTY] County
[ADDRESS LINE 1]
[CITY], Rhode Island [ZIP CODE]
Telephone: [________________]
Email: [________________]

_________________________________________
[DEFENSE ATTORNEY NAME]

RHODE ISLAND STATE PRACTICE NOTES

• Small State Considerations: Rhode Island has only five counties (Providence, Kent, Washington, Newport, and Bristol), and media markets overlap significantly. Practitioners must demonstrate county-specific prejudice rather than statewide publicity to succeed on a venue motion.
• Timing: Motions to transfer should be brought at or before arraignment and may be considered premature if the case is not yet assigned for trial.
• Court Discretion: The court selects the receiving county it deems "most fair and equitable" for the parties. R.I. Gen. Laws § 8-2-31.
• Electronic Filing: All filings in Superior Court must use the Judiciary's Electronic Filing System (eFileRI). Attachments must be separate files, and electronic signatures should follow the /s/ NAME format.
• Record Transmission: Upon an order of removal, the clerk of the originating court transmits the entire record to the receiving county's clerk.
• Burden of Proof: The movant must make it appear to the satisfaction of the court that public opinion is so prejudiced that a fair jury cannot be obtained. State v. Burns, 84 A.2d 801 (R.I. 1951).