(1) If the application for change of venue is made by the state, a petition stating the reasons therefor and signed by the Commonwealth's attorney shall be filed in court. Reasonable notice of the time when the application will be made shall be given in writing to the defendant or, if he is absent from the county, to his attorney.
(2) If the application is made by the defendant, it shall be made by petition in writing, verified by the defendant, and by the filing of the affidavits of at least two (2) other credible persons, not kin to or of counsel for the defendant, stating that they are acquainted with the state of public opinion in the county objected to, and that they verily believe the statements of the petition for the change of venue are true. The Commonwealth's attorney or, in his absence from the county, the county attorney shall be given reasonable notice, in writing, of the application. If objections to all the adjoining counties are made and sustained, the change shall be made to the nearest county to which there is no valid objection, preference being given to counties of the same judicial circuit.
(3) Applications under this section shall be made and determined in open court, and the court shall hear all witnesses produced by either party and determine from the evidence whether the defendant is entitled to a change of venue. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 466, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 130. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1110, 1111.
Notes of Decisions
Cited in
36
cases (
2 in the last 5 years), 1943–2025 · leading case:
Thompson v. Commonwealth, 862 S.W.2d 871 (Ky. 1993).
Thompson v. Commonwealth, 862 S.W.2d 871 (Ky. 1993).
· cites it 4× “The issue of the lack of reasonable notice of the filing of the petition was raised at the hearing, by the prosecution.”
Whitler v. Commonwealth, 810 S.W.2d 505 (Ky. 1991).
· cites it 6× “The order recited that “[t]he Court having heard and considered the arguments of counsel, and being otherwise sufficiently advised, does hereby find that said motion is not well taken and should not be granted.” A transcript of the hearing is not a part of the record.”
Sluss v. Commonwealth, 450 S.W.3d 279 (Ky. 2014).
· cites it 3× “Appellant argues that because his motion for a change of venue met the requirements for a petition under KRS 452.220 and was unopposed by the Commonwealth by either affidavit or witness, his motion should have been summarily granted.”
Payne v. Commonwealth, 623 S.W.2d 867 (Ky. 1981).
· cites it 2× “KRS 452.220 deals with change of venue. KRS 452.”
Welborn v. Commonwealth, 157 S.W.3d 608 (Ky. 2005).
· cites it 2× “Here, the failure to file the affidavit is fatal to the petition because compliance with KRS 452.220 is mandatory. See Caine v. Commonwealth, 491 S.”
O'Bryan v. Commonwealth, 634 S.W.2d 153 (Ky. 1982).
· cites it 2× “KRS 452.220 is as follows: *158 (3) Applications under this section shall be made and determined in open court, and the court shall hear all witnesses produced by either party and determine from the evidence whether the defendant is entitled to a change of venue.”
Campbell v. Commonwealth, 788 S.W.2d 260 (Ky. 1990).
· cites it 2× “” Appellant, the Commonwealth and the trial court all agreed that the potential jurors’ responses to interview questions over the previous three days comprised the evidence relevant to her motion for change of venue.”
Mash v. Commonwealth, 376 S.W.3d 548 (Ky. 2012).
“” Appellant’s motion for change of venue was eventually withdrawn because defense counsel could not find anyone to sign the affidavits required by KRS 452.220(2). Appellant raised the issue of racial composition of the jury during a hearing in the judge’s chambers the morning of…”
St. Clair v. Roark, 10 S.W.3d 482 (Ky. 2000).
“Clair as required by KRS 452.220(1), and did not allege that either party would be unable to obtain a fair trial in Hardin County.”
Lewis v. Commonwealth, 42 S.W.3d 605 (Ky. 2001).
· cites it 2× “KRS 452.220(2) provides that a defendant’s application for a change of venue be: in writing, verified by the defendant, and by the filing of the affidavits of at least two (2) other credible persons, not kin to or of counsel for the defendant, stating that they are acquainted…”
Caine v. Commonwealth, 491 S.W.2d 824 (Ky. Ct. App. 1973).
· cites it 2× “The Commonwealth points out that KRS 452.220(2) requires that a motion for a change of venue be in writing and supported “ * * * by the filing of the affidavits of at least two credible persons, not kin to or of counsel for the defendant, stating that they are acquainted with…”
Stone v. Commonwealth, 418 S.W.2d 646 (Ky. Ct. App. 1967).
· cites it 2× “KRS 452.220 outlines the procedure for obtaining a change of venue.”
— Ky. Rev. Stat. § 452.220(1) — 1 case
St. Clair v. Roark, 10 S.W.3d 482 (Ky. 2000).
“Clair as required by KRS 452.220(1), and did not allege that either party would be unable to obtain a fair trial in Hardin County.”
— Ky. Rev. Stat. § 452.220(2) — 25 cases
Thompson v. Commonwealth, 862 S.W.2d 871 (Ky. 1993).
“The issue of the lack of reasonable notice of the filing of the petition was raised at the hearing, by the prosecution.”
Campbell v. Commonwealth, 788 S.W.2d 260 (Ky. 1990).
“” Appellant, the Commonwealth and the trial court all agreed that the potential jurors’ responses to interview questions over the previous three days comprised the evidence relevant to her motion for change of venue.”
Mash v. Commonwealth, 376 S.W.3d 548 (Ky. 2012).
“” Appellant’s motion for change of venue was eventually withdrawn because defense counsel could not find anyone to sign the affidavits required by KRS 452.220(2). Appellant raised the issue of racial composition of the jury during a hearing in the judge’s chambers the morning of…”
Welborn v. Commonwealth, 157 S.W.3d 608 (Ky. 2005).
“Here, the failure to file the affidavit is fatal to the petition because compliance with KRS 452.220 is mandatory. See Caine v. Commonwealth, 491 S.”
— Ky. Rev. Stat. § 452.220(3) — 2 cases
Whitler v. Commonwealth, 810 S.W.2d 505 (Ky. 1991).
“The order recited that “[t]he Court having heard and considered the arguments of counsel, and being otherwise sufficiently advised, does hereby find that said motion is not well taken and should not be granted.” A transcript of the hearing is not a part of the record.”
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