Rule 21. Place of Trial

(a) Venue. The trial shall be in the county in which the crime was allegedly committed, except as otherwise provided by law.

(b) Change of Venue.

(1) Upon Motion . The court upon motion of the defendant shall transfer the proceeding as to the defendant to another county 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. The motion may be made only before the jury is impaneled or, where trial is by the court, before any evidence is received.

(2) By Consent . With the consent of the defendant and the attorney for the State the court may transfer a proceeding to another county.

(3) Without Consent . Upon the court's own motion, the court may, for purposes of sound judicial administration, transfer any proceeding to a location that is both in an adjoining county and in the vicinity of where the crime was committed.

(4) Crime Committed in Two or More Counties . The court upon motion of the defendant shall transfer the proceeding as to the defendant to another county if it appears from the indictment or information or from a bill of particulars that the crime was committed in more than one county and if the court is satisfied that in the interest of justice the proceedings should be transferred to another county in which the commission of the crime is charged. When two or more crimes are charged against the defendant, the court may upon motion of the defendant and in the interest of justice transfer all or part of the counts if any one of the counts that is transferred charges a crime committed in the county to which the transfer is ordered.

(5) Proceedings on Change of Venue . If the defendant is in custody, when a change of venue is ordered, the defendant shall be delivered to the custody of the sheriff of the county to which the proceeding is transferred at an appropriate time as indicated by the court. The clerk shall transmit to the clerk of the court to which a proceeding is transferred all papers in the proceeding or certified copies thereof and any bail taken and the prosecution shall continue in that county.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 21 of the Maine Rules of Criminal Procedure but differs in the following respects. First, subdivision (a) is rewritten to eliminate the separate treatment of the Superior Court and the District Court in paragraphs (1) and (2), and to retain only the content (excluding the heading) of paragraph (1). The word "allegedly" is added. Second, in subdivision (b)(1), (2), and (5) the references to "or division" are omitted. Third, in subdivision (b)(2) the letter "s" is capitalized in the word "state" because the word is used in the term "attorney for the State." See Committee

Advisory Note [December 2014] to M.R.U. Crim. P. 3(d) and (f). Fourth, subdivision (b)(3) is rewritten to eliminate the separate treatment of the Superior Court and the District Court in paragraphs (A) and (B) and to retain only the content (excluding the heading) of paragraph (A). Fifth, in subdivision (b)(4) the word "that" replaces the word "which" located after the word "counts" and before the word "is" to reflect modern usage. Sixth, in subdivision (b)(5) the word "court" replaces the words "justice or judge." See Committee Advisory Note [December 2014] to M.R.U. Crim. P. 57(d).

[Advisory Notes to former Maine Rules of Criminal Procedure] Supreme Judicial Court Note—1984 [M.R. Crim. P. 21(b).] Rule 21(b) is amended to eliminate the limitation on transfer of venue to a county within the same judicial region. This amendment reflects the elimination of the regional presiding justices brought about coincident with the creation of the office of Chief Justice of the Superior Court. See 1983 Laws c.269, §§ 5,7, amending 4 M.R.S. 19 and enacting 4 M.R.S. § 101A.

Advisory Committee Note—1986 [M.R. Crim. P. 21.] An amendment to Rule 21 is needed to carry into effect the amendments made to 15 M.R.S. § 1 by P.L. 1985, ch. 479.

Advisory Committee Note—1989 [M.R. Crim. P. 21.] Rule 21 consolidates the provisions relating to venue. It now includes the language of former Rule 18 specifying the place of trial, the language of former Rule 21 on change of venue, and the language of former Rule 22 on the timing of a motion to change venue.

Advisory Committee Note—1990 [M.R. Crim. P. 21(b)(5).] Rule 21 is amended to eliminate the requirement that an order changing venue direct that a defendant be delivered "forthwith" to the custody of the sheriff of the county to which the proceedings have been transferred. The convenience of the parties or security considerations, for example, may make it appropriate to transfer custody of a defendant at a later time. The rule now leaves this question of the timing of the transfer to the discretion of the justice or judge hearing the motion.

Advisory Note - June 2006 M.R. Crim. P. 21(b)(3)(A). The amendment replaces the term "offense" with the term "crime." This reference to "offense" was overlooked when similar references throughout Rule 21, including subdivision (b), were replaced with "crime" effective January 1, 2004. See Me. Rptr., 832-845 A.2d XLIX, LVIII.