US · rules
Fed. R. Crim. P. 21
Transfer for Trial
(a) For Prejudice. Upon the defendant’s motion, the court must
transfer the proceeding against that defendant to another district
if the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.
(b) For Convenience. Upon the defendant’s motion, the court
may transfer the proceeding, or one or more counts, against that
defendant to another district for the convenience of the parties,
any victim, and the witnesses, and in the interest of justice.
(c) Proceedings on Transfer. When the court orders a transfer,
the clerk must send to the transferee district the file, or a certified copy, and any bail taken. The prosecution will then continue in the transferee district.
(d) Time to File a Motion to Transfer. A motion to transfer may
be made at or before arraignment or at any other time the court
or these rules prescribe.
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug.
1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 28, 2010, eff. Dec. 1, 2010.)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
61808bf99fd3161a4b6abbd90fe4f968c32c63ce55a04c6865f759672e972202
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