Transfer From The County For Trial

(a) For Prejudice in the County. Upon the defendant's motion, the court must transfer the proceeding against the defendant to another county if the court is satisfied that so great a prejudice against the defendant exists in the transferring county that the defendant cannot obtain a fair and impartial trial there. (b) For Convenience and Justice. Upon the defendant's motion, the court may transfer the proceeding against the defendant to another county for the convenience of the parties and witnesses and in the interest of justice. (c) Upon Motion of the Court. Upon its own motion, the court may transfer the trial to another county. If any party files an objection to the transfer no later than ten days after notification of the place of trial, the trial must be held at the original location unless grounds exist for transfer under Rule 21(a), (b) or (f). (d) Proceedings on Transfer. Upon a transfer under Rule 21, the prosecuting attorney of the county where the action or proceeding was commenced, or any other person appointed to prosecute, must prosecute the case, and the judge ordering the transfer must preside at the trial. The action or proceeding, except for the payment and collection of costs, must be conducted as if it had been commenced in the transferee court. (e) Transfer by Prosecution. Upon the prosecution's motion, the court may transfer the proceeding for the reasons listed in Rule 21(a) and (b). (f) Transfer of Defendant. The transferring court must order the officer who has the defendant in custody to transfer the defendant to the custody of the proper officer of the transferee county. The transfer must be made under the terms of the order.