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

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 matter from [________________] County to the nearest county in the judicial district where the cause for change does not exist, pursuant to Tenn. R. Crim. P. 21 and Tenn. Code Ann. § 20-4-201.

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. 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 6 of the Tennessee Constitution provides that 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. STATUTORY AUTHORITY

15. Tenn. Code Ann. § 20-4-201 provides that a change of venue may be granted when there is "undue excitement against the defendant in the county where the offense was committed" or when "prejudice or other cause" makes a fair and impartial trial unlikely.

16. Tenn. Code Ann. § 20-4-202 provides that each side is entitled to one change of venue.

17. Tenn. Code Ann. § 20-4-203 requires that in courts of record, the motion must be supported by the oath of at least three respectable and disinterested persons.

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. The court also has the discretion to grant a special venire from another county as an alternative to a full change of venue.

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
☐ Whether a special venire from another county would be adequate as a less drastic alternative

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 that this matter be transferred to the nearest county within the [____] Judicial District where the cause for change does not exist.

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

☐ It is the nearest county in the judicial district not affected by the undue excitement or prejudice.
☐ 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 special venire, with the jury summoned from [________________] County to try this matter in [________________] County.

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: Affidavits of three respectable, disinterested persons (as required by Tenn. Code Ann. § 20-4-203)
☐ 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 the transfer of this matter to the nearest county within the judicial district where the cause for change does not exist, pursuant to Tenn. R. Crim. P. 21;
3. In the alternative, order a special venire from another county;
4. Order the Clerk to transmit a complete transcript and all papers to the receiving court;
5. 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 and Tenn. Code Ann. § 20-4-201.

IT IS FURTHER ORDERED that the above-captioned matter is transferred to [________________] County [Circuit / Criminal] Court, being the nearest county in the judicial district where the cause for change does not exist.

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

• Three-Affidavit Requirement: For courts of record, the motion must be supported by the oath of at least three respectable, disinterested persons attesting to the facts of undue excitement or prejudice. Tenn. Code Ann. § 20-4-203. Failure to provide these affidavits may result in denial.
• 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: Tenn. R. Crim. P. 21(d) mandates that the court select the nearest county in the circuit where the cause for change does not exist. The defendant cannot choose the receiving county.
• Special Venire Alternative: Courts may bring in a jury from another county (special venire) instead of moving the entire trial. Tenn. Code Ann. § 20-4-201(2). Address why this alternative is insufficient if seeking a full venue change.
• One Change Per Side: Each side is entitled to one change of venue. Tenn. Code Ann. § 20-4-202.
• 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.