Motion for Change of Venue

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 Transfer with State's Consent
   - D. Threats or Dangerous Combination
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
13. Sources and References

IN THE DISTRICT COURT OF [________________] COUNTY, TEXAS

[____] JUDICIAL DISTRICT

MOTION FOR CHANGE OF VENUE

TO THE HONORABLE JUDGE OF SAID COURT:

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, pursuant to Article 31A.004 of the Texas Code of Criminal Procedure.

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

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

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. So great a prejudice exists in [________________] County against the Defendant that a fair and impartial trial cannot be obtained, 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: [________________________________]

☐ A dangerous combination against the Defendant instigated by influential persons: [________________________________]

☐ Other demonstrations of community prejudice: [________________________________]

C. Convenience Transfer with State's Consent

9. [USE ONLY IF THE STATE'S ATTORNEY CONSENTS:] Under Article 31A.004(c), transfer to another judicial district would serve the convenience of the parties and witnesses and the interest 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. Threats or Dangerous Combination

10. The following threats, organized actions, or other facts demonstrate prejudice against the Defendant or a dangerous combination instigated by influential persons in the county:

☐ 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 10 of the Texas Constitution guarantees the accused a "speedy public trial by an impartial jury."

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. Tex. Code Crim. Proc. art. 31A.004(a) provides that, in a felony or misdemeanor case punishable by confinement, the court may grant a change of venue on the defendant's written motion if the court determines the defendant cannot obtain a fair and impartial trial in the county of prosecution as a result of (1) a prejudice against the defendant in the county, or (2) a dangerous combination against the defendant in the county instigated by influential persons.

16. Tex. Code Crim. Proc. art. 31A.004(a) requires the motion to be in writing and supported by (1) the defendant's own affidavit and (2) the affidavit of at least two credible persons who are residents of the county in which the prosecution is commenced.

17. Tex. Code Crim. Proc. art. 31A.004(c) provides that, on the defendant's motion and with the consent of the State's attorney, the court may transfer the case to another judicial district for the convenience of the parties and witnesses and in the interest of justice (or if the defendant stipulates that the defendant will enter a plea of guilty).

18. Under Tex. Code Crim. Proc. art. 31A.052, the credibility or means of knowledge of a person making a change-of-venue affidavit may be attacked by the affidavit of a credible person, and the court determines the issue and the sufficiency of the affidavits before ruling.

V. FACTORS FOR COURT CONSIDERATION

19. The motion should present evidence bearing on the statutory grounds and the ability to obtain a fair and impartial trial, including:

☐ 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 dangerous combination against the defendant exists
☐ Whether less drastic remedies (e.g., continuance or expanded voir dire) 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 District Court, Texas.

22. The proposed venue is appropriate because:

☐ It is within the same judicial district or an adjoining judicial district, consistent with Article 31A.004(b).
☐ 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 [DEFENDANT FULL LEGAL NAME] (required by Art. 31A.004(a))
☐ Exhibit B: Affidavit of [CREDIBLE RESIDENT #1 NAME], credible resident of [________________] County
☐ Exhibit C: Affidavit of [CREDIBLE RESIDENT #2 NAME], credible resident of [________________] County
☐ Exhibit D: Copies of media articles and news reports concerning this case
☐ Exhibit E: Screenshots or printouts of social media posts and online commentary
☐ Exhibit F: Affidavit(s) of community members regarding local sentiment
☐ Exhibit G: Survey or poll results regarding community awareness and prejudice (if available)
☐ Exhibit H: Documentation of threats or safety concerns
☐ Exhibit I: [OTHER SUPPORTING DOCUMENTATION]

VIII. CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, the Defendant respectfully prays that this Honorable Court:

1. Grant this Motion for Change of Venue;
2. Order the transfer of this matter to [________________] County District Court, or to such other county as the Court deems appropriate, pursuant to Tex. Code Crim. Proc. art. 31A.004;
3. Order the Clerk to transmit all papers and proceedings 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
State Bar No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Texas [ZIP CODE]
Telephone: [________________]
Facsimile: [________________]
Email: [________________]

PROPOSED ORDER

IN THE DISTRICT COURT OF [________________] COUNTY, TEXAS
[____] 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 so great a prejudice exists in [________________] County that a fair and impartial trial cannot be obtained therein.

The Court has determined the truth and sufficiency of the supporting affidavits as required by law.

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to Tex. Code Crim. Proc. art. 31A.004.

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

IT IS FURTHER ORDERED that the District Clerk shall transmit all papers, proceedings, and a certified copy of this Order to the District Clerk of [________________] County forthwith.

SIGNED this [__/__/____].

_________________________________________
Honorable [________________]
Judge Presiding

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 eFileTexas)
☐ Facsimile

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

_________________________________________
[DEFENSE ATTORNEY NAME]

TEXAS STATE PRACTICE NOTES

• Affidavit Requirement: Art. 31A.004(a) requires the defendant's own affidavit AND the affidavit of at least two credible persons who are residents of the county in which the prosecution is commenced.
• Written Motion Required: The statute requires a written motion; oral-only requests do not satisfy Art. 31A.004's requirements.
• Dangerous Combination: Texas specifically recognizes "a dangerous combination against the defendant instigated by influential persons" as an independent statutory ground (Art. 31A.004(a)(2)).
• Convenience Transfers: A transfer to another judicial district for the convenience of the parties and witnesses under Art. 31A.004(c) requires the consent of the State's attorney (prosecutor).
• Adjoining District Preference: Under Art. 31A.004(b), an order changing venue to a county outside the same or an adjoining judicial district may be reversed on the defendant's timely contest if the record shows a county within the pending or adjoining district is not subject to the same conditions requiring the change.
• Chapter 31 recodified as Chapter 31A (effective January 1, 2025): Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504) enacted a nonsubstantive revision that repealed former Chapter 31 and reenacted the change-of-venue provisions as Chapter 31A. Former Art. 31.03 (defendant's motion) is now Art. 31A.004, and the attack-on-affiants provision (former Art. 31.04) is now Art. 31A.052. Motions filed on or after January 1, 2025 should cite Chapter 31A. Older filings or authorities may still reference former Chapter 31.

Sources and References

• Texas Code of Criminal Procedure, Chapter 31A
• H.B. 4504 enrolled text (Chapter 31A recodification; effective January 1, 2025)
• Texas Constitution, Article I, § 10
• U.S. Constitution, Amendments VI and XIV
• Irvin v. Dowd, 366 U.S. 717 (1961)
• Sheppard v. Maxwell, 384 U.S. 333 (1966)