Rule 19 - Transfer of Cases(1) When any party files a motion in any superior court requesting the transfer of a case, or of a proceeding therein, to another superior court, the presiding judge may, after giving notice and an opportunity for a hearing to all parties, order such transfer.(2) When any party files a motion in any circuit court - district division requesting the transfer of a case, or of a proceeding therein, to another circuit court - district division, a judge may, after giving notice and an opportunity for a hearing to all parties, order such transfer.(3) Unless otherwise allowed by statute or rule, a case shall not be transferred from circuit court to superior court or from superior court to circuit court. If the parties agree to resolve a case pending in circuit court or superior court in the other trial court, the State must initiate a new case in that court by filing a complaint (circuit court) or information (superior court) and by nolle prossing or filing a notice of nolle prosequi for the original charges.Adopted effective 1/1/2016 in Strafford and Cheshire counties and 7/1/2016 in Belknap County; amended May 16, 2023, eff. 7/1/2023; amended effective 1/1/2024.Comment
Rule 19 contemplates the transfer of whole cases, or of particular proceedings in cases, even in the absence of a related pending case or proceeding in the county to which transfer is sought. The rule provides a method whereby a party may ask a court to transfer cases for a plea as well as for trial. This rule should be distinguished from Rule 18, which provides for change of venue to insure a fair and impartial trial.