- What:move the trial.
- Why:impartial jury.
- Often:publicity-driven.
- Alternatives:tried first.
A motion for change of venue asks the court to move the trial to a different county — or take other steps — when pretrial publicity or community prejudice makes it unlikely the defendant can get a fair, impartial jury where the case is pending. The constitutional right to an impartial jury is the foundation; if saturation media coverage or local hostility has tainted the jury pool, the trial may need to move. It's a pretrial safeguard for high-profile cases.
The Right at Stake
Every defendant has the right to a trial by an impartial jury. In most cases, the local community can supply one. But in a case with intense, prejudicial pretrial publicity — or strong community feeling about the defendant or the alleged crime — prospective jurors may come in with fixed opinions. A change of venue is one remedy for that risk.
What the Court Considers
Courts look at the nature, extent, and timing of the publicity, how inflammatory or prejudicial it was (versus merely factual), the size of the community and jury pool, and whether jury selection can screen out biased jurors. Not all publicity justifies a move; the question is whether a fair and impartial jury can realistically be seated.
Alternatives to Moving the Trial
Changing venue is not the only tool. A court may instead use careful, searching jury selection (voir dire) to identify and excuse biased jurors, draw jurors from a different county, continue the trial until publicity fades, or instruct jurors firmly to decide only on the evidence. The defense weighs which remedy best protects the right to an impartial jury in the specific case.
Why It Matters
A jury that has already formed an opinion before hearing the evidence undermines the entire trial. In the rare case where local prejudice runs deep, securing a change of venue — or an adequate alternative — can be essential to a fair outcome.
Updated May 18, 2026 · Law verified as of June 8, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
What is a change of venue?
It's moving a trial to a different county (or taking other steps) when pretrial publicity or community prejudice makes it unlikely a fair, impartial jury can be seated where the case is pending.
When will a court grant one?
When the nature and extent of prejudicial publicity or community hostility make a fair jury unrealistic. Courts weigh how inflammatory the coverage was, the community's size, and whether jury selection can screen out bias.
Does all news coverage justify moving a trial?
No. Routine, factual coverage usually doesn't. The concern is saturation or inflammatory publicity that taints the jury pool to the point that an impartial jury can't be seated.
Are there alternatives to changing venue?
Yes — thorough voir dire to excuse biased jurors, drawing jurors from another county, continuing the trial until publicity subsides, or strong jury instructions. The court chooses the remedy that best protects an impartial jury.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.