TABLE OF CONTENTS

1. Caption
2. Motion for Change of Place of Trial
3. Statement of Facts
4. Grounds for Change of Place of Trial
   - 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

STATE OF WISCONSIN

CIRCUIT COURT

[________________] COUNTY

MOTION FOR CHANGE OF PLACE OF TRIAL

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 place of trial of the above-captioned matter from [________________] County to another county within the State of Wisconsin, pursuant to Wis. Stat. § 971.22.

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

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

3. The case is currently set for trial on [__/__/____] before the Honorable Judge [________________].

4.

[________________________________]
[________________________________]
[________________________________]

II. GROUNDS FOR CHANGE OF PLACE OF TRIAL

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, an impartial trial cannot be had in [________________] County.

B. Community Prejudice

8. Such prejudice exists in [________________] County that the Defendant cannot obtain an 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 place of trial 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 place of trial 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 7 of the Wisconsin Constitution provides that "[i]n all criminal prosecutions the accused shall enjoy the right to ... a speedy public trial by an impartial jury of the county or district wherein the offense 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. Wis. Stat. § 971.22(1) provides that a change of place of trial shall be granted when "an impartial trial cannot be had in the county." The motion shall be made at arraignment but may be made thereafter for cause.

16. Wis. Stat. § 971.22(2) requires the motion to be in writing and supported by an affidavit stating "evidentiary facts" showing the basis for the claim. The district attorney may file counter-affidavits.

17. Wis. Stat. § 971.22(3) provides that only one change of place of trial may be granted, and the court shall order the trial held in any county where an impartial trial can be had.

18. Wis. Stat. § 971.22(4) provides that the judge who orders the change must preside at the trial in the receiving county.

19. Wis. Stat. § 971.225 provides an alternative remedy: the court may select a jury from another county in lieu of changing the place of trial.

20. The Wisconsin Supreme Court has held that the standard is whether there is a "reasonable probability" that a fair trial cannot be had. State v. Hebard, 50 Wis. 2d 408, 184 N.W.2d 156 (1971); Gibson v. State, 55 Wis. 2d 110 (1972).

V. FACTORS FOR COURT CONSIDERATION

21. Wisconsin courts consider the following factors in evaluating a motion for change of place of trial:

☐ The inflammatory nature of the publicity
☐ The degree to which publicity permeated the jury pool
☐ The timing and specificity of the publicity
☐ 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., selecting a jury from another county, continuance) would be adequate
☐ The results of voir dire examination

See State v. Hebard, 50 Wis. 2d 408 (1971); Gibson v. State, 55 Wis. 2d 110 (1972); State v. Dean, 67 Wis. 2d 513 (1975).

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

VI. PROPOSED ALTERNATIVE VENUE

23. The Defendant respectfully proposes that this matter be tried in [________________] County Circuit Court, Wisconsin.

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 a jury from [________________] County, pursuant to Wis. Stat. § 971.225.

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

VII. SUPPORTING AFFIDAVITS AND EVIDENCE

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

☐ Exhibit A: Affidavit of [DEFENDANT / DEFENSE COUNSEL] stating evidentiary facts (required by § 971.22(2))
☐ 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 Place of Trial;
2. Order that the trial be held in [________________] County, or in such other county as the Court determines an impartial trial can be had, pursuant to Wis. Stat. § 971.22;
3. In the alternative, order a jury selected from another county pursuant to Wis. Stat. § 971.225;
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], Wisconsin [ZIP CODE]
Telephone: [________________]
Email: [________________]

PROPOSED ORDER

STATE OF WISCONSIN
CIRCUIT COURT
[________________] COUNTY

Upon consideration of the Defendant's Motion for Change of Place of Trial, the supporting affidavits and evidence, [the district attorney's counter-affidavits, if any,] the hearing held on [__/__/____], and the Court being fully advised in the premises:

The Court finds that an impartial trial cannot be had in [________________] County, and there is a reasonable probability that pretrial publicity and community prejudice have tainted the jury pool.

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Place of Trial is GRANTED, pursuant to Wis. Stat. § 971.22.

IT IS FURTHER ORDERED that the trial of the above-captioned matter shall be held in [________________] County Circuit Court.

IT IS FURTHER ORDERED that the undersigned judge shall preside at the trial in [________________] County, pursuant to Wis. Stat. § 971.22(4).

[ALTERNATIVE: IT IS FURTHER ORDERED that the jury shall be selected from [________________] County to try this matter in [________________] County, pursuant to Wis. Stat. § 971.225.]

BY THE COURT:

DATED this [__/__/____].

_________________________________________
Honorable [________________]
Circuit Court Judge

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing MOTION FOR CHANGE OF PLACE OF TRIAL and all attached exhibits upon the following by the method indicated:

☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing/Service (via Wisconsin eFiling Portal)
☐ Facsimile

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

_________________________________________
[DEFENSE ATTORNEY NAME]

WISCONSIN STATE PRACTICE NOTES

• Timing: The motion shall be made at arraignment, though it may be made thereafter for cause. Wis. Stat. § 971.22(1). File as early as possible to avoid waiver.
• Affidavit of Evidentiary Facts: The motion must be in writing and supported by an affidavit stating evidentiary facts -- not mere conclusions. Include specific factual allegations about local prejudice or pretrial publicity. Wis. Stat. § 971.22(2).
• One Change Only: Only one change of place of trial may be granted. Wis. Stat. § 971.22(3). The original judge must preside at the trial in the new county. Wis. Stat. § 971.22(4).
• Jury from Another County: As an alternative to changing the place of trial, the court may select a jury from another county under Wis. Stat. § 971.225. Cost considerations apply.
• Reasonable Probability Standard: The defendant must show a "reasonable probability" that a fair trial cannot be had. Actual prejudice need not be shown, but the situation must inherently suggest prejudice. Gibson v. State, 55 Wis. 2d 110 (1972).
• Voir Dire Relevance: Courts may deny the motion without prejudice pending voir dire examination. Be prepared to renew the motion if voir dire reveals prejudice. State v. Dean, 67 Wis. 2d 513 (1975).