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 THE [____] JUDICIAL DISTRICT

IN AND FOR [________________] COUNTY, STATE OF WYOMING

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 Wyoming, pursuant to Wyo. R. Crim. P. 21 and Wyo. Stat. § 1-7-102.

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, Wyoming.

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. Prejudice exists in [________________] County so great or general as to prevent 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 the interest 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 1, Section 10 of the Wyoming Constitution provides that "[i]n all criminal prosecutions the accused shall have the right ... to a speedy trial by an impartial jury of the county or district in which the offense is alleged to 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. Wyo. R. Crim. P. 21 provides for the transfer of criminal cases for trial when prejudice in the county of prosecution prevents a fair and impartial trial, or for the convenience of the parties and witnesses with the consent of the parties.

16. Wyo. Stat. § 1-7-102 governs venue in criminal cases.

17. The Wyoming Supreme Court has held that the defendant bears the burden to show prejudice "so great or general as to prevent a fair and impartial trial," and the decision rests within the trial court's discretion. Collins v. State, 589 P.2d 1283 (Wyo. 1979).

18. The Wyoming Supreme Court applies a two-pronged test for publicity-based venue changes: (1) the nature and extent of the publicity and (2) the difficulty of selecting an impartial jury. Affidavits of opinion are insufficient; courts look primarily to voir dire results. Mares v. State, 500 P.2d 530 (Wyo. 1972); Moss v. State, 492 P.2d 1329 (Wyo. 1972).

V. FACTORS FOR COURT CONSIDERATION

19. Wyoming 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 reporting
☐ 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 selecting an impartial jury (voir dire results)
☐ 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 Collins v. State, 589 P.2d 1283 (Wyo. 1979); Mares v. State, 500 P.2d 530 (Wyo. 1972).

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, Wyoming.

22. 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.

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 / 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: Records or transcripts of voir dire proceedings (if applicable)
☐ 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 District Court, or to such other county as the Court deems appropriate, pursuant to Wyo. R. Crim. P. 21;
3. Order the Clerk to transmit the court file to the receiving county;
4. Order such further relief as the Court deems just and proper.

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

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

PROPOSED ORDER

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT
IN AND FOR [________________] COUNTY, STATE OF WYOMING

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 prejudice exists in [________________] County so great or general that the Defendant cannot obtain a fair and impartial trial therein.

IT IS HEREBY ORDERED that the Defendant's Motion for Change of Venue is GRANTED, pursuant to Wyo. R. Crim. P. 21.

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 Clerk of this Court shall transmit the court file to the Clerk of [________________] County District Court forthwith.

BY THE COURT:

DATED this [__/__/____].

_________________________________________
Honorable [________________]
District 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 File & ServeXpress)
☐ Facsimile

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

_________________________________________
[DEFENSE ATTORNEY NAME]

WYOMING STATE PRACTICE NOTES

• Voir Dire Emphasis: Wyoming courts place primary emphasis on voir dire and actual juror impartiality when evaluating venue motions. Affidavits of opinion alone are insufficient and are treated as weak evidence. Mares v. State, 500 P.2d 530 (Wyo. 1972).
• Two-Pronged Test: Courts apply a two-pronged test: (1) the nature and extent of the publicity and (2) the difficulty of selecting an impartial jury. Both prongs must be addressed.
• Factual Coverage Often Insufficient: Extensive but factual media coverage is often insufficient to require a change of venue. Courts examine whether the publicity is inflammatory or judgmental rather than neutral reporting.
• Statewide Grand Jury Cases: For indictments by a statewide grand jury, the district judge designates the county of venue by order, which may raise unique venue considerations.
• E-Filing Mandatory: E-filing via File & ServeXpress (FSX) is mandatory for attorneys in Wyoming district courts. Registration and proficiency training are required.
• Small Jury Pools: Wyoming's small county populations mean that pretrial publicity can have a disproportionate impact on jury pools. Address the ratio of publicity exposure to population in your supporting materials.