Rule 21 — Transfer for Trial

Fed. R. Crim. P. 21

• Source: Federal Rules of Criminal Procedure
• Rule: 21
• TITLE V: VENUE
• Citation: Fed. R. Crim. P. 21

Text

(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 de-
fendant exists in the transferring district that the defendant can-
not 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 cer-
tified copy, and any bail taken. The prosecution will then con-
tinue 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.

Advisory Committee Notes

(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.)