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 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 31.03 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 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 10 of the Texas Constitution provides that the accused shall have "the right of being heard by himself or counsel, or both, shall be confronted by the witnesses against him" and has the "right of 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. 31.03(a) provides that a change of venue may be granted when there exists "so great a prejudice against the defendant" that a fair and impartial trial cannot be obtained, or when "a dangerous combination against the defendant" has been instigated by influential persons.

16. Tex. Code Crim. Proc. art. 31.03(a) requires the motion to be in writing and supported by (1) the defendant's own affidavit and (2) the affidavits of at least two credible residents of the county.

17. Tex. Code Crim. Proc. art. 31.03(b) provides that a change of venue may be granted for the convenience of the parties and witnesses, with the consent of the State's attorney.

18. The court must determine the truth and sufficiency of the supporting affidavits before granting the motion.

V. FACTORS FOR COURT CONSIDERATION

19. Texas 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 dangerous combination against the defendant exists
☐ Whether less drastic remedies (e.g., continuance, 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 an adjoining judicial district as contemplated by Texas law.
☐ 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. 31.03(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. 31.03;
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. 31.03.

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. 31.03(a) requires the defendant's own affidavit AND the affidavits of at least two credible residents of the county. Failure to provide all required affidavits is grounds for denial.
• Written Motion Required: The statute requires a written motion; oral-only requests do not satisfy Art. 31.03's requirements.
• Dangerous Combination: Texas specifically recognizes "a dangerous combination against the defendant instigated by influential persons" as an independent statutory ground.
• Convenience Transfers: Transfers for convenience of parties and witnesses under Art. 31.03(b) require the written consent of the State's attorney (prosecutor).
• Adjoining District Preference: Courts generally prefer transfer to a county within the defendant's district or an adjoining district. Transfer to a non-adjacent county may be reversed on timely contest if a suitable closer county exists.
• E-Filing Mandatory: E-filing through eFileTexas (eFileTexas.gov) is mandatory for all attorney filings in Texas courts.
• Chapter 31A Reorganization (Effective January 1, 2025): Acts 2023, 88th Leg., added Chapter 31A to the Code of Criminal Procedure, reorganizing venue change provisions. The new equivalent of Art. 31.03 is Art. 31A.004. Practitioners should verify whether Art. 31.03 or Art. 31A.004 applies to their case based on the filing date and applicable transitional provisions.