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 SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR [________________] COUNTY

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 another county within the State of Washington, pursuant to CrR 5.2 and RCW 10.25.070.

In support of this Motion, Defendant states as follows:

I. STATEMENT OF FACTS

1. The Defendant is charged with [CHARGES AND STATUTORY CITATIONS] by [Information/Indictment] filed on [__/__/____].

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

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. There exists such excitement or prejudice against the Defendant in [________________] County that an 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: [________________________________]

C. Convenience of Parties and Witnesses

9. A change of venue would serve the convenience of the parties and witnesses and the ends 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 21 of the Washington State Constitution provides that "[t]he right of trial by jury shall remain inviolate."

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. CrR 5.2 governs changes of venue in criminal cases in Washington Superior Courts and requires the defendant's motion to be supported by an affidavit.

16. RCW 10.25.070 provides that venue may be changed when the defendant cannot obtain an impartial trial due to excitement or prejudice against the defendant.

17. RCW 4.12.030 sets forth additional grounds for change of venue, including improper county, inability to obtain an impartial trial, and convenience of witnesses.

18. If the ground is community prejudice, the defendant's affidavit must be supported by additional corroborating evidence beyond the affidavit alone.

19. Venue may also be changed by written agreement between the prosecuting attorney and the defendant. RCW 10.25.070.

20. The Washington Supreme Court has held that a motion for change of venue is directed to the sound discretion of the trial court and will not be disturbed absent a convincing showing of abuse of discretion. State v. Malone, 75 Wn.2d 612, 452 P.2d 963 (1969).

V. FACTORS FOR COURT CONSIDERATION

21. Washington 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 less drastic remedies (e.g., continuance, expanded voir dire) would be adequate

See State v. Malone, 75 Wn.2d 612 (1969).

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

VI. PROPOSED ALTERNATIVE VENUE

23. The Defendant respectfully proposes that this matter be transferred to [________________] County Superior Court, Washington.

24. The proposed venue is appropriate because:

☐ 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.

25. In the alternative, the Defendant requests that the Court select an appropriate county for the trial of this matter.

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

26. In support of this Motion, the Defendant submits the following:

☐ Exhibit A: Affidavit of Defendant (required by CrR 5.2)
☐ Exhibit B: Corroborating evidence supporting the affidavit (required for community prejudice claims)
☐ 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 [________________] County Superior Court, or to such other county as the Court deems appropriate, pursuant to CrR 5.2 and RCW 10.25.070;
3. Order that all papers and proceedings be certified and transmitted to the Superior Court of the receiving county;
4. Discharge any existing jury panel without prejudice;
5. Order such further relief as the Court deems just and proper.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

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

PROPOSED ORDER

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR [________________] COUNTY

Upon consideration of the Defendant's Motion for Change of Venue, the supporting affidavit and corroborating evidence, the hearing held on [__/__/____], and the Court being fully advised in the premises:

The Court finds that such excitement or prejudice exists in [________________] County that the Defendant cannot obtain an impartial trial therein.

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to CrR 5.2 and RCW 10.25.070.

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

IT IS FURTHER ORDERED that any existing jury panel is discharged without prejudice.

IT IS FURTHER ORDERED that the Clerk of this Court shall certify all papers and proceedings and transmit them to the Clerk of [________________] County Superior Court forthwith.

DATED this [__/__/____].

_________________________________________
Honorable [________________]
Superior Court 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 eFileWA)
☐ Facsimile

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

_________________________________________
[DEFENSE ATTORNEY NAME]

WASHINGTON STATE PRACTICE NOTES

• Affidavit Requirement: A defendant's motion for change of venue must be supported by an affidavit stating the belief that a fair trial cannot be had. CrR 5.2.
• Corroborating Evidence Required: If the motion is based on community prejudice, the defendant's affidavit must be supported by additional corroborating evidence (media clippings, statements, etc.). The affidavit alone is insufficient.
• Change by Agreement: Venue can be changed to any county in the state upon the written agreement of both the prosecuting attorney and the defendant. RCW 10.25.070.
• Jury Discharge: When a change of venue is ordered, any existing jury is discharged without prejudice, and the case is certified to the new county's superior court.
• Judicial Discretion: Trial courts have broad discretion in granting or denying venue changes; appellate courts will only reverse for a clear abuse of discretion. State v. Malone, 75 Wn.2d 612 (1969).
• Court Level Differences: Different statutes may apply depending on the court level. RCW 3.66.090 governs venue changes in district and municipal courts; CrR 5.2 and RCW 10.25.070 govern superior courts.