Motion for Change of Venue

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02DEFENDANT AND CASE

Defendant Name *

Case / File No. *

Current County (where case is pending) *

Charges Pending *

03GROUNDS FOR CHANGE OF VENUE

Select All Grounds That Apply *

Pervasive pretrial publicity — coverage is so extensive that selecting an impartial jury in this county is impossible (G.S. 15A-957) Community passion or prejudice against the defendant — the community has formed strong opinions about guilt, making a fair trial impossible Safety of defendant, witnesses, or court personnel requires removal from this county (G.S. 15A-958) Local victim or witness intimidation — witnesses are unwilling to testify truthfully in this county due to community pressure Judge recusal or judicial conflict creates a venue issue requiring transfer to another district Other — (specify below)

04EVIDENCE OF PRETRIAL PREJUDICE

Evidence of Media Coverage / Publicity *

Survey or Community Opinion Evidence (if available)

Additional Evidence of Prejudice

05PROPOSED ALTERNATIVE VENUE

Alternative Venue Preference

Does This Venue Change Affect Other Defendants in This Case?

Served Upon *

Date of Service *

CURRENT VENUE (COUNTY)

— Select above —

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VENUE RULES IN NC

Venue presumptively proper where the crime occurred
Must show actual prejudice or substantial likelihood of prejudice — not just that publicity exists
Judge has broad discretion to grant or deny
File early — before jury selection begins
NC law applies wherever the case is tried — change of venue does not affect substantive law
Defendant may bear travel costs associated with the new venue

ALTERNATIVE: EXTENSIVE VOIR DIRE

Before moving for full venue change, consider requesting extensive voir dire to uncover juror bias
Voir dire may demonstrate the impossibility of finding an impartial jury — strengthening the venue motion
If jury is selected with apparent bias, preserve error with contemporaneous objections
Change of venue is a last resort — judges prefer managing local bias through voir dire

STATUTORY REFERENCE

G.S. 15A-957Change of venue — prejudice

G.S. 15A-958Change of venue — safety

N.C. Const. Art. I § 24Right to jury trial

U.S. Const. amend. VIImpartial jury

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