Does anyone have a motion and order for a change of venue that you could e-mail me? A judicial friend is looking for one.

It's on the way.

Now I'm looking for a sample response to a motion for venue change and some sample affidavits. This time it's for me.

You can e-mail to jmccown@wilco.org.

Thanks for any help.

I'll email you what I've used recently. (Although our email server has been acting up today -- hopefully it'll bounce around to you eventually!)

Thank you to everyone who faxed or e-mailed me stuff. It's interesting how similar the various responses were given there's little direction in the statute about how to controvert.

Interesting side note:

Apparently the controverting affidavits don't have to be done by a resident of the county. That specific requirement appears in 31.03 but NOT in 31.04.

31.03 "supported by ... the affidavit of at least two credible persons, residents of the county where the prosecution is instituted"

31.04 ""may be attacked by the affidavit of a credible person"


I am using as one of my affidavits a defense attorney who practices in Williamson County but lives in Travis. He's tried high profile cases here AND watches the same media coverage.

I'll use more than two just to be safe, but thought it was an interesting (if nerdy) point.

Let me know if there's some caselaw to the contrary. Then TDCAA could add it to their annotations.