DE · rules
Del. Super. Ct. Crim. R. 21
Transfer from the county for trial
(a) For prejudice in the county. The court upon motion of the defendant shall transfer the proceeding as to
that 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 a reasonable probability
of 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 proceeding as to that defendant or any one or more
of the counts thereof to another county.
(c) Proceedings on transfer. When a transfer is ordered the prothonotary shall transmit to the
prothonotary of the county to which the proceeding is transferred all papers in the proceeding and any bail
taken, and the prosecution shall continue in that county.
History
Adopted, effective Feb. 12, 1953; amended, effective Mar. 2, 1984; revised, effective Jan. 1, 1992.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
5e1488d3c8909b430ecf2f27fc8549f931fdf6cd5d2832a6f8be793aeca5a6ed
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