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 SOUTH CAROLINA

COUNTY OF [________________]

COURT OF GENERAL SESSIONS

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 [____] Judicial Circuit, pursuant to S.C. Code § 17-21-80.

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/Warrant] filed on [__/__/____].

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

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. 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 14 of the South Carolina Constitution provides that "[t]he right of trial by jury shall be preserved 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. S.C. Code § 17-21-80 provides that when the accused makes it appear by affidavit that a fair and impartial trial cannot be had in the county in which the prosecution was commenced, the court may order a change of venue to another county within the same judicial circuit.

16. S.C. Code § 17-21-85 provides, as an alternative to full venue transfer, that the court may order that jury selection occur in another county and that the selected jury be transported to the original county for trial.

17. S.C. Code § 17-21-90 addresses the allocation of costs when venue is changed and the disposition of any fine imposed.

18. The application must be made to a judge sitting in regular term, with at least four days' notice to the adverse party, unless the judge shortens or extends the time for hearing upon proper cause shown.

V. FACTORS FOR COURT CONSIDERATION

19. South Carolina 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., jury selection in another county, continuance) would be adequate

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 Court of General Sessions, South Carolina, which is located within the [____] Judicial Circuit.

22. The proposed venue is appropriate because:

☐ It is within the same judicial circuit as required by S.C. Code § 17-21-80.
☐ 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.

23. In the alternative, the Defendant requests that the Court order jury selection in [________________] County, with the selected jury transported to [________________] County for trial, pursuant to S.C. Code § 17-21-85.

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 Court of General Sessions, pursuant to S.C. Code § 17-21-80;
3. In the alternative, order jury selection in another county with the jury transported to [________________] County for trial, pursuant to S.C. Code § 17-21-85;
4. Order such further relief as the Court deems just and proper.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

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

PROPOSED ORDER

STATE OF SOUTH CAROLINA
COUNTY OF [________________]
COURT OF GENERAL SESSIONS

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.

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to S.C. Code § 17-21-80.

IT IS FURTHER ORDERED that the above-captioned matter is transferred to [________________] County Court of General Sessions for all further proceedings.

[ALTERNATIVE: IT IS FURTHER ORDERED that jury selection shall take place in [________________] County, and the selected jury shall be transported to [________________] County for trial, pursuant to S.C. Code § 17-21-85. All expenses related thereto shall be borne as provided by law.]

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 Service
☐ Facsimile

[PROSECUTOR NAME]
[COUNTY] County Solicitor's Office
[ADDRESS LINE 1]
[CITY], South Carolina [ZIP CODE]
Telephone: [________________]
Email: [________________]

_________________________________________
[DEFENSE ATTORNEY NAME]

SOUTH CAROLINA STATE PRACTICE NOTES

• Affidavit Requirement: Circuit-court motions under § 17-21-80 must be supported by affidavit showing that a fair and impartial trial cannot be had in the county.
• Four Days' Notice: The default statutory notice to the adverse party is four days, though judges may modify this period upon proper cause shown.
• Same Judicial Circuit: Any change of venue under § 17-21-80 is limited to another county within the same judicial circuit. Identify circuit membership before filing.
• Jury Selection Alternative: Under § 17-21-85, courts may order jury selection in another county and transport the jury to the original county to save costs and minimize disruption.
• State Applications: The State may also apply for a change of venue in serious offenses, but only after a true bill is found by a grand jury.
• Cost Allocation: Costs associated with a venue change are addressed under § 17-21-90, including the disposition of any fine imposed after conviction.