Motion for Change of Venue - West Virginia
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA
| Party | Role |
|---|---|
| STATE OF WEST VIRGINIA, | Plaintiff |
| v. | |
| [DEFENDANT FULL LEGAL NAME], | Defendant |
Case No.: [CASE NUMBER]
DEFENDANT'S MOTION FOR CHANGE OF VENUE
Defendant, by counsel, moves under W. Va. Code § 62-3-13 and W. Va. R. Crim. P. 21(a) to transfer trial of this criminal case from [CURRENT COUNTY] County to another West Virginia county. Defendant requests a hearing if the State disputes material facts.
1. Procedural facts and filing time
- Defendant is charged by [INDICTMENT / INFORMATION / OTHER CHARGING PAPER] filed [__/__/____] with [COUNTS AND OFFENSES]. Trial is scheduled for [__/__/____], if set.
- Arraignment occurred or is scheduled for [__/__/____]. This motion is filed ☐ at or before arraignment ☐ at another time prescribed by the Court or rules: [ORDER, RULE, DATE, AND EXPLANATION]. Rule 22 supplies this timing route.
- The county where the prosecution is pending is [COUNTY]. Defendant proposes [COUNTY] County, or another county the Court selects, for trial.
2. County prejudice and supporting record
Rule 21(a) asks whether prejudice in the county where prosecution is pending is so great that Defendant cannot obtain a fair and impartial trial there. Section 62-3-13 permits transfer on Defendant's petition for good cause shown. The facts supporting this request are:
| Event or source | Date and location | Evidence or exhibit | How it bears on local jury impartiality |
|---|---|---|---|
| [PUBLICITY, STATEMENT, THREAT, COMMUNITY ACTION, OR OTHER FACT] | [DATE / PLACE] | [ARTICLE, RECORDING, AFFIDAVIT, OR OTHER PROOF] | [SPECIFIC EFFECT IN CURRENT COUNTY] |
| [SECOND EVENT OR DELETE ROW] | [DATE / PLACE] | [EXHIBIT] | [EXPLANATION] |
The asserted prejudice is [DESCRIBE ITS EXTENT AND LOCAL REACH]. The evidence shows why an impartial trial cannot be obtained in the current county: [CONCRETE FACTS]. Any available jury-selection evidence is [VOIR DIRE RECORD OR NOT YET AVAILABLE]. Defendant asks the Court to consider [SPECIFIC EVIDENCE OR WITNESSES] at a hearing and make a finding under Rule 21(a).
The proposed county is suitable because [FACTS ABOUT PREJUDICE THERE AND PRACTICAL TRIAL ARRANGEMENTS]. Defendant relies on the local-prejudice showing above as the ground for Rule 21(a) transfer; convenience or safety facts, if any, supply context for the proposed county and requested trial arrangements: [FACTS OR NONE].
3. Requested relief
Defendant requests that the Court:
- Find, on the submitted record and any hearing, whether the Rule 21(a) level of prejudice exists in [CURRENT COUNTY] County and whether good cause is shown under § 62-3-13.
- If the required showing is met, transfer the proceeding for trial to [PROPOSED COUNTY] County or another county the Court identifies.
- Direct the clerk to transmit the case papers or duplicates and any bail taken under Rule 21(b), and certified copies of the record and any recognizance under § 62-3-13. Address Defendant's appearance and custody or bail under that section as applicable.
- Set any further hearing or trial scheduling directions needed after transfer.
Respectfully submitted,
Attorney signature: ______________________________
Printed name and WV Bar No.: [NAME / NUMBER]
Address, phone, email: [CONTACT INFORMATION]
Date: [__/__/____]
Certificate of service
I certify that on [__/__/____] I served this motion and its exhibits on [PROSECUTOR / COUNSEL] by [AUTHORIZED METHOD] at [SERVICE ADDRESS]. W. Va. R. Crim. P. 49 governs service and filing.
Signature: ______________________________
Proposed order
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA
State of West Virginia v. [DEFENDANT], Case No. [NUMBER]
The Court considered Defendant's motion, the State's response, [EXHIBITS], and [HEARING DATE / NO HEARING]. The Court finds [FACTS ABOUT THE EXTENT OF PREJUDICE IN THE CURRENT COUNTY]. The showing ☐ satisfies ☐ does not satisfy Rule 21(a)'s fair-and-impartial-trial standard. Good cause under § 62-3-13 ☐ is ☐ is not shown. Accordingly, the motion is ☐ GRANTED ☐ DENIED.
If granted, the proceeding is transferred for trial to [RECEIVING COUNTY] County. The clerk shall transmit the papers or duplicates and any bail taken as Rule 21(b) directs, and certified copies of the record and any recognizance as § 62-3-13 directs. Defendant's appearance, custody, or bail shall be addressed as follows: [SPECIFIC DIRECTIONS]. Further scheduling: [DIRECTIONS].
Entered: [__/__/____]
Circuit Judge: ______________________________
Sources and References
- W. Va. Code § 62-3-13.
- West Virginia Judiciary, Rules of Criminal Procedure 21, 22 and 49.
About this template
- Last updated
- October 2, 2026
- Citations checked
- October 2, 2026
- Jurisdiction
- West Virginia
- Category
- Criminal Law
Legal authority
- W. Va. Code § 62-3-13 (change of venue in a criminal case)
- W. Va. R. Crim. P. 21(a) (transfer for county prejudice)
- W. Va. R. Crim. P. 21(b) (proceedings on transfer)
- W. Va. R. Crim. P. 22 (time of motion to transfer)
- W. Va. R. Crim. P. 49(a) (service of motions)
Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 2, 2026.
W. Va. Code § 62-3-13 (checked October 2, 2026): "A court may, on the petition of the accused and for good cause shown, order the venue of the trial of a criminal case in such court to be removed to some other county."
W. Va. Code § 62-3-13 (record and recognizance) (checked October 2, 2026): "The clerk of the court that orders a change of venue shall certify copies of such recognizance, and of the record of the case, to the clerk of the court to which the case is removed; and such court shall proceed with the case as if the prosecution had been originally therein, and for that purpose the certified copies aforesaid shall be sufficient."
W. Va. R. Crim. P. 21(a) (checked October 2, 2026): "The circuit court upon motion of the defendant shall transfer the proceedings as to that defendant to another county if the circuit court is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he or she cannot obtain a fair and impartial trial at the place fixed by law for holding the trial."
W. Va. R. Crim. P. 21(b) (checked October 2, 2026): "When a transfer is ordered the clerk shall transmit to the clerk of the court to which the proceeding is transferred all papers in the proceedings or duplicates thereof and any bail taken, and the prosecution shall continue in that county."
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