How a Motion for Change of Venue Affects Your Case

Motions for a change of venue are often associated with high profile cases, largely due to the amount of pretrial publicity. Compared to other legal motions, a motion for change in venue is less common, but equally as important. 

When such a motion does occur, it requires a specific set of considerations and plays a crucial role in ensuring a fair trial.

Here, we explore essential aspects of filing a motion for change of venue and cover legal justifications, procedural steps, common challenges, and notable case examples. 

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For clients concerned about issues of prejudice, unfairness, inconvenience, improper venue, or for cases requiring judges with special knowledge, a motion to transfer venue can be used to ensure a fair and comfortable legal process.

Learn all about pre-trial motions in this guide for lawyers.

The legal grounds for filing a motion for change of venue

The rules for a motion to transfer venue vary by jurisdiction. Civil procedure rules will outline when a venue change may be suitable. In New York, for example, the Civil Practice Law and Rules (CPLR) outlines three grounds for a change in venue. 

In general, however, the following may be grounds for a change in venue:

• Convenience of witnesses: If your witnesses face difficulty traveling to the original venue there may be enough grounds for the court to approve a transfer. This was done in the insurance case of Continental Casualty Company v. Lockheed Martin Corporation, where the case moved from New York to Maryland.
• Improper venue: If your case was initially filed in a jurisdiction lacking proper legal authority or was filed to the wrong court, it could be transferred. 
• Impartial jury: A venue change might also be necessary if an unbiased jury cannot be found because of public sentiment or pretrial publicity. The Timothy McVeigh trial, in the Oklahoma City bombing case was moved to Colorado because of concerns about jury bias.
• Prejudice or bias: If you are able to show that the judge holds strong biases that could impact the trial’s outcome, a change of venue may be granted. 
• Cases requiring specialized knowledge: If your case contains complex, technical, or specialized legal issues, it may need a judge of a particular skill set, so a change of venue might be needed.

Procedure for filing a motion for change of venue

When filing your motion for transfer of venue, it may vary according to state laws—however, as the requesting party you will have to file a written motion with affidavits outlining your client’s entitlement. 

Typically, the process includes:

• Drafting and filing the motion: As the requesting party you will submit a formal motion to the court where the case is active and state the legal grounds for the request.
• Supporting affidavits: Along with the motion, affidavits and other evidence, such as witness statements or news reports, will be used to support grounds for a transfer of venue.
• Serving the motion: The opposing party will then be notified by you or your team and served the motion along with the supporting evidence.
• Attending a motion hearing: A hearing is scheduled for both you and the opposing party to argue your case before the judge.
• Judicial decision: The judge will decide whether to grant or deny your motion based on the evidence and arguments.

As an attorney, you are responsible for filing the motion for an efficient and effective change of venue.

Your role includes assessing the need for a venue change based on factors like fairness or convenience, conducting legal research to establish valid grounds for the request, and drafting the motion with supporting legal documents. You will then file the motion with the court and Homeland Security. Finally, you will represent your client at a hearing and address any objections or opposition to the motion.

What needs to be included when filing a motion for change of venue form

In general, however, when filing your motion you should provide the following:

• Date and time of your next scheduled hearing.
• Admissions or denials of allegations in form I-862, Notice to Appear.  
• Country of removal or refuting court statement. A country of removal assumes your home country, but you do not have to give one. If you choose not to, you will have to inform the courts in a statement that you do not want to give a country of removal.
• List of applications and forms. If there are any applications and forms you will apply for, you can list them here. 
• New address and telephone number.
• Grounds of why you are requesting to change courts. 
• Documents and evidence to prove that you have moved. 
• Completed EOIR-33/IC. You will need to include a change of address/contact information form.

The impact of a successful motion for change of venue

Once you have successfully been granted a motion to transfer venue, you may need to adjust your legal strategy accordingly based on the new court’s procedural rules. You and your clients may also need to consider travel and logistical changes. 

You and your legal team will also need to consider that there may be a new jury selection.

Common challenges and how to overcome them

As an attorney, you may face a few challenges when requesting a motion for change of venue:

• A motion to dismiss: In some instances, the opposing party may file a motion to dismiss before you can request for a change of venue. In this case you will be able to file an opposition to the dismissal motion. In your opposition you will have the opportunity to thoroughly examine the legal basis for their motion and prepare case law and arguments for rebuttal.
• Gathering strong supporting evidence: A key pillar for a motion of change of venue is proving that a fair trial cannot be obtained in the current jurisdiction. To prove bias, you can look to supporting evidence to help underscore your claim, including news articles, expert testimony, affidavits, or statistical data. Be sure your evidence is admissible and properly verified. 
• Preparing for a motion hearing: Your opposing party may refute a claim for a change of venue due to convenience, cost, or lack of demonstrable bias. Legal research, reviewing court procedures, conferring with colleagues or mentors, praciticing oral arguments, and preparing for various outcomes are just some ways you can be ready for your motion hearing. 

Notable change of venue case studies and legal precedents

The Rodney King case is one example of a notable change of venue where the trial was moved from Los Angeles to Simi Valley to manage impartiality. 

Dzhokhar Tsarnaev, the suspect in the Boston Marathon bombing, also filed a motion for a change of venue because of pretrial publicity and local bias. The court, however, ruled that they did not meet the criteria for a venue change.

Final thoughts on motions for change of venue

A motion for change of venue is a legal tool to ensure a fair trial by addressing concerns such as local bias, pre-trial publicity, or concerns about the impartiality of potential jurors. The successful filing of this motion safeguards the defendant’s right to a fair and impartial trial.

If you’re navigating civil or criminal litigation and need to manage venue changes efficiently, Clio Manage helps litigation lawyers stay on top of their cases by being able to access everything while on the go—book a Clio demo today.

We published this blog post in March 2025. Last updated: March 6, 2025.

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