As amended through June 7, 2024
Rule 21 - Motion to Transfer(a)For Prejudice in the County. The court, upon motion of the defendant, shall transfer the proceedings as to the defendant to another county whether or not such county is specified in the defendant's motion if the court is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial in that county.(b)Transfer in Other Cases. For the convenience of parties and witnesses and in the interest of justice, the court upon motion of the defendant may transfer the proceedings as to the defendant.(c)Proceedings on Transfer. When a transfer is ordered pursuant to subdivision (a) or (b) of this rule, the clerk shall transmit to the clerk of the court to which the proceeding is transferred all non-electronic portions of the record, and the prosecution shall continue in that county. After judgment has been entered in the case, the clerk of the court in which the case was tried shall return all non-electronic portions of the record to the clerk of the court from which the case was transferred.(d)Transfer for Pre-trial Proceedings. The court upon motion of any party or upon its own motion may transfer the proceeding for the purpose of hearing and determining any pending pre-trial motions or proceedings, or for the purpose of permitting pre-trial motions to be made and determined.(e)Transfer for Post-trial Proceedings. The court upon motion of any party or upon its own motion may transfer the proceeding to another county for the purpose of hearing and determining any pending post-trial motions or proceedings, or for the purpose of sentencing.Amended effective 7/1/2019; amended effective 11/4/2019; amended effective 1/6/2020.