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 DAKOTA

COUNTY OF [________________]

[____] JUDICIAL CIRCUIT 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 South Dakota, pursuant to SDCL 15-5-11 and SDCL 23A-16.

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, South Dakota.

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 VI, Section 7 of the South Dakota Constitution guarantees the right to a speedy public trial by an impartial jury of the county or district in which the offense is alleged to 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).

IV. STATUTORY AUTHORITY

15. SDCL 15-5-11 authorizes a change of venue upon a showing that a fair and impartial trial cannot be had in the county where the action is pending.

16. SDCL 23A-16 (Rule 18) governs the place of prosecution and trial in criminal cases.

17. SDCL 23A-8-4 provides that the court may set a time for making pretrial motions at arraignment or as soon thereafter as practicable.

18. The South Dakota Supreme Court has held that the defendant bears the burden of establishing the necessity of a change of venue, and pretrial publicity alone is insufficient to establish that a fair trial cannot be had. State v. Petersen, 515 N.W.2d 687 (S.D. 1994); State v. Weatherford, 416 N.W.2d 47 (S.D. 1987).

V. FACTORS FOR COURT CONSIDERATION

19. South Dakota 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. Petersen, 515 N.W.2d 687 (S.D. 1994); State v. Arguello, 502 N.W.2d 548 (S.D. 1993).

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 Circuit Court, South Dakota.

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 an appropriate county 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 Circuit Court, or to such other county as the Court deems appropriate;
3. Order that all papers and proceedings be transmitted to the receiving court;
4. 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], South Dakota [ZIP CODE]
Telephone: [________________]
Email: [________________]

PROPOSED ORDER

STATE OF SOUTH DAKOTA
COUNTY OF [________________]
[____] JUDICIAL CIRCUIT 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.

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to SDCL 15-5-11.

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

IT IS FURTHER ORDERED that all papers and proceedings in this matter shall be filed or transferred to the Clerk of Courts of [________________] County.

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 eFile SD)
☐ Facsimile

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

_________________________________________
[DEFENSE ATTORNEY NAME]

SOUTH DAKOTA STATE PRACTICE NOTES

• Burden of Proof: The defendant bears the burden of establishing the necessity of a change of venue. Pretrial publicity alone is insufficient; actual prejudice must be demonstrated. State v. Petersen, 515 N.W.2d 687 (S.D. 1994).
• Timing: Pretrial motions, including venue changes, should be raised at arraignment or as soon as practicable thereafter. SDCL 23A-8-4.
• Hearing Required: If a motion involves factual disputes, the court must hold a hearing and record its essential findings on the record. SDCL 23A-8-8.
• Record Transfer: Upon granting a change of venue, all case papers must be formally filed or transferred to the new county of venue.
• Boundary and Multi-County Cases: Venue statutes allow flexibility for offenses near county boundaries or committed across multiple counties. SDCL 23A-16-3.
• Standard of Review: The trial court's decision on a change of venue motion is reviewed for abuse of discretion on appeal.