R.I. Super. Ct. R. Crim. P. 21

As amended through April 4, 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 to the Superior Court for Providence County 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.

R.I. Super. Ct. R. Crim. P. 21

Last amended by Order dated June 22, 2017, effective 9/5/2017.

1972 Notes

Rule 21 is basically the same as its federal counterpart except for subdivisions (d) and (e), which have no parallel in the federal rule.

Subdivision (a) reflects existing Rhode Island provisions for transfer because of local prejudice. G.L.1956 (1969 Reenactment), §§ 8-2-29 and 8-2-30. It differs from the General Laws by permitting the motion to be made only by a defendant, rather than by "either party." See G.L. 1956 (1969 Reenactment), § 8-2-29.

Subdivision (b) has no counterpart under existing Rhode Island practice. Prior to 1966, subdivision (b) of the Federal Rules permitted a transfer only where venue was proper in more than one district. Under the present version a prosecution, or individual counts thereof, may be transferred for purposes of trial convenience regardless of whether venue originally would have been proper in the transferee court. Although the need to transfer cases for trial convenience exists more frequently in the federal courts than in state courts, it is believed desirable for trial judges to possess this authority for those infrequent instances that may arise.

Subdivision (c) differs from Federal Rule 21 by the addition of the final sentence which requires the record to be returned to the transferor court after judgment has been entered. See G.L. 1956 (1969 Reenactment), § 8-2-32.

Subdivision (d) authorizes the court to transfer a case to Providence County in order to dispose of pending pre-trial motions or proceedings, including arraignment, or to permit such motions to be made and determined. This provision is designed to expedite cases that are pending in counties that are not served by a full-time justice of the Superior Court. In those counties, pre-trial proceedings in pending cases must await the return of the justice assigned to sit there. Under the proposed rule, the justice could, on motion of a party or on his own motion, order a case to be transferred to Providence County solely for the purpose of dealing with pre-trial proceedings. The case would, of course, be transferred back to the county in which it was originally pending for the purpose of trial. This alters Rhode Island practice by permitting the transfer to be ordered without "consent of the parties." G.L.1956 (1969 Reenactment), § 8-2-27.

Subdivision (e) authorizes the court to transfer a case to any county for the purpose of disposing of any pending post-trial motions or proceedings or for sentencing. This provision is designed to deal with those instances where a case has been tried in one county and before the hearing on post-trial motions or before sentencing the trial justice is assigned to another county. Ordinarily, these post-trial proceedings await his later return to the county of trial. Subdivision (e) is designed to alleviate this problem and reduce delays that can occur in this circumstance between the conclusion of trial and disposition of post-trial proceedings. Cf. G.L. 1954 (1969 Reenactment), § 9-23-5.