Motion for Change of Venue - Tennessee

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. Other Cause Affecting a Fair Trial
   • D. Safety Concerns

5. Constitutional Basis

6. Governing Rule
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 / CRIMINAL] COURT FOR [________________] COUNTY, TENNESSEE

[____] JUDICIAL DISTRICT

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 criminal matter from [________________] County under Tenn. R. Crim. P. 21 because a fair trial is unlikely in that county.

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/Presentment/Information] filed on [__/__/____].

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

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 / Undue Excitement

8. There exists in [________________] County such undue excitement 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 or undue excitement: [________________________________]

C. Other Cause Affecting a Fair Trial

9. Apart from the publicity or excitement described above, the following cause makes a fair trial unlikely in the county of prosecution:

[DESCRIBE THE CAUSE AND EXPLAIN HOW IT AFFECTS THE PROSPECT OF A FAIR TRIAL]

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 Tennessee Constitution provides that, in prosecutions by indictment or presentment, the accused has a right to a "speedy public trial, by an impartial jury of the County in which the crime shall 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. GOVERNING RULE

15. Tenn. R. Crim. P. 21(a) authorizes a venue change on the defendant's motion, or on the court's initiative with the defendant's consent, when a fair trial is unlikely because of undue excitement against the defendant in the county of the offense or another cause.

16. Under Rule 21(b), the defendant's motion must be accompanied by affidavit(s) stating facts that constitute the alleged undue excitement or other cause. The State may file counter-affidavits.

17. Rule 21(d) directs the receiving county: in a multi-county circuit, the nearest county in that circuit where the cause does not exist, or the nearest county outside it if the cause exists throughout the circuit; in a single-county circuit, the nearest county where the cause does not exist.

18. Tenn. R. Crim. P. 21(c) requires the motion to be made at the earliest date after which the alleged cause for the change arose.

19. The Tennessee Supreme Court has held that a trial court's decision on a change of venue motion is reviewed for abuse of discretion. Wheeler v. State, 415 S.W.2d 121 (Tenn. 1967).

V. FACTORS FOR COURT CONSIDERATION

20. Tennessee 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

See Wheeler v. State, 415 S.W.2d 121 (Tenn. 1967).

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

VI. PROPOSED ALTERNATIVE VENUE

22. The Defendant respectfully requests transfer to a county selected under Tenn. R. Crim. P. 21(d) where the cause for change does not exist. The current judicial circuit is ☐ multi-county ☐ single-county.

23. The Defendant suggests [________________] County as an appropriate venue because:

☐ It is the nearest eligible county under Rule 21(d) where the cause for change does not exist.
☐ 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 eligible under the circuit-specific Rule 21(d) selection order.

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

25. 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: Additional affidavits stating facts supporting the alleged cause for change
☐ Exhibit C: Copies of media articles and news reports concerning this case
☐ Exhibit D: Screenshots or printouts of social media posts and online commentary
☐ Exhibit E: Affidavit(s) of community members regarding local sentiment
☐ Exhibit F: Survey or poll results regarding community awareness and prejudice (if available)
☐ Exhibit G: Documentation of threats or safety concerns
☐ Exhibit H: [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 transfer to an eligible county under Tenn. R. Crim. P. 21(d) where the cause for change does not exist;
3. Order the Clerk to transmit a complete transcript and all papers 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
BPR No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Tennessee [ZIP CODE]
Telephone: [________________]
Email: [________________]

PROPOSED ORDER

IN THE [CIRCUIT / CRIMINAL] COURT FOR [________________] COUNTY, TENNESSEE
[____] JUDICIAL DISTRICT

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 undue excitement and/or prejudice exists in [________________] County such that a fair and impartial trial cannot be had.

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to Tenn. R. Crim. P. 21.

IT IS FURTHER ORDERED that the above-captioned matter is transferred to [________________] County [Circuit / Criminal] Court, selected under the applicable provision of Tenn. R. Crim. P. 21(d) because the cause for change does not exist there.

IT IS FURTHER ORDERED that the Clerk of this Court shall transmit a complete transcript and all papers to the Clerk of [________________] County [Circuit / Criminal] Court forthwith.

[IF APPLICABLE: IT IS FURTHER ORDERED that the Sheriff of [________________] County shall transfer custody of the Defendant to the Sheriff 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 eFileTN)
☐ Facsimile

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

_________________________________________
[DEFENSE ATTORNEY NAME]

TENNESSEE STATE PRACTICE NOTES

• Supporting affidavits: Rule 21(b) requires affidavit(s) stating facts that constitute the alleged undue excitement or other cause. It does not impose a three-affidavit minimum.
• Timing: Tenn. R. Crim. P. 21(c) requires the motion at the earliest date after the cause for change arises. Filing late may result in waiver.
• Venue destination: Apply Rule 21(d)'s selection order for a multi-county or single-county judicial circuit. A suggested receiving county remains subject to the court's selection under that rule.
• E-Filing: E-filing availability differs by county. Verify with the local clerk whether Odyssey eFileTN is active for the specific court before filing electronically.