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 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 COURT OF [THE CITY OF ________________ / ________________ COUNTY], VIRGINIA

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 [the City of ________________ / ________________ County] to another jurisdiction within the Commonwealth of Virginia, or in the alternative, for a change of venire, pursuant to Va. Code § 19.2-251 and § 8.01-363.

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 [the City of ________________ / ________________ County], Virginia.

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 [the City of ________________ / ________________ 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 [the City of ________________ / ________________ County].

B. Community Prejudice

8. Such prejudice exists in [the City of ________________ / ________________ 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 [________________].

☐ Key evidence is located in [________________].

☐ 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 8 of the Virginia Constitution provides that in criminal proceedings, the accused shall enjoy "the right to a speedy and public trial, by an impartial jury of his vicinage."

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. Va. Code § 19.2-251 provides that either the accused or the Commonwealth may obtain a change of venue for "good cause," including local prejudice or the inability to obtain an impartial jury.

16. Va. Code § 8.01-363 provides for a change of venire -- bringing a jury from another locality to try the case -- when an impartial jury cannot be obtained locally.

17. Va. Code § 19.2-244 sets forth general venue provisions and the timing for raising venue issues.

18. The Virginia Supreme Court has held that a change of venue is within the trial court's wide discretion, and uncontradicted affidavits are taken as proving the facts attested therein. Poindexter v. Commonwealth, 218 Va. 314 (1977).

V. FACTORS FOR COURT CONSIDERATION

19. Virginia 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 change of venire would be an adequate alternative
☐ Whether less drastic remedies (e.g., continuance, expanded voir dire) would be adequate

See Poindexter v. Commonwealth, 218 Va. 314 (1977); Richmond Newspapers, Inc. v. Commonwealth, 281 S.E.2d 915 (Va. 1981).

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 the Circuit Court of [the City of ________________ / ________________ County], Virginia.

22. The proposed venue is appropriate because:

☐ It is sufficiently distant from [the City of ________________ / ________________ County] to minimize the impact of pretrial publicity.
☐ The proposed jurisdiction has not experienced the same degree of media coverage or community prejudice.
☐ The proposed jurisdiction has adequate courtroom facilities and resources.
☐ The proposed jurisdiction 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 a change of venire, with the jury summoned from [the City of ________________ / ________________ County] to try this matter in [the City of ________________ / ________________ County], pursuant to Va. Code § 8.01-363.

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 the Circuit Court of [the City of ________________ / ________________ County], or to such other jurisdiction as the Court deems appropriate, pursuant to Va. Code § 19.2-251;
3. In the alternative, grant a change of venire pursuant to Va. Code § 8.01-363;
4. Order such further relief as the Court deems just and proper.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

_________________________________________
[DEFENSE ATTORNEY NAME]
Attorney for Defendant
VSB No.: [________________]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Virginia [ZIP CODE]
Telephone: [________________]
Facsimile: [________________]
Email: [________________]

PROPOSED ORDER

IN THE CIRCUIT COURT OF [THE CITY OF ________________ / ________________ COUNTY], VIRGINIA

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 good cause to believe that a fair and impartial trial cannot be had in [the City of ________________ / ________________ County].

IT IS HEREBY ORDERED that the Defendant's Motion for Change of [Venue/Venire] is GRANTED, pursuant to Va. Code § 19.2-251 [/ § 8.01-363].

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

[ALTERNATIVE: IT IS FURTHER ORDERED that a jury shall be summoned from [the City of ________________ / ________________ County] to try this matter in [the City of ________________ / ________________ County], pursuant to Va. Code § 8.01-363.]

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

ENTERED this [__/__/____].

_________________________________________
Honorable [________________]
Judge

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 VJEFS)
☐ Facsimile

[PROSECUTOR NAME]
[CITY/COUNTY] Commonwealth's Attorney's Office
[ADDRESS LINE 1]
[CITY], Virginia [ZIP CODE]
Telephone: [________________]
Email: [________________]

_________________________________________
[DEFENSE ATTORNEY NAME]

VIRGINIA STATE PRACTICE NOTES

• Both Parties May Move: Under Va. Code § 19.2-251, either the accused or the Commonwealth may move for a change of venue for "good cause." This is broader than many states that restrict the motion to the defendant.
• Change of Venire Alternative: Va. Code § 8.01-363 allows a change of venire (bringing jurors from another locality) as an alternative to a full venue change. Address why this alternative is insufficient if seeking full transfer.
• Affidavit Evidence: Affidavits and press-clipping compilations are commonly used to support motions. Unchallenged affidavits can be taken as proving the facts they attest to. Poindexter v. Commonwealth, 218 Va. 314 (1977).
• Pretrial Resolution: Counsel should file and litigate venue motions during the pretrial phase to ensure resolution before jury selection begins.
• Independent Cities: Virginia has independent cities that are separate jurisdictions from surrounding counties. Venue is determined by the specific city or county where the offense occurred.
• Trial Court Discretion: The trial court has wide discretion in selecting the receiving venue, often choosing nearby or remote localities as appropriate. The decision is reviewed for abuse of discretion on appeal.