Transfer to Another County

Mississippi Rules of Criminal Procedure (effective July 1, 2023)

Rule: 11.2

Jurisdiction: MS

Bluebook Citation: Miss. R. Crim. P. 11.2

58 (a) Proceedings on Transfer. If a change of venue is granted pursuant to Rule 11.1, the judge shall direct that a certified copy of the order granting the change of venue be transmitted to the circuit clerk of the county to which the venue has been changed. The circuit clerk of the county to which the venue has been changed must file the certified order and designate a docket number for said case for future reference. Unless otherwise directed by the judge, all pleadings, motions, orders of the court, and other matters thereafter filed shall bear both the original number of the county of original venue and the assigned number of the county of changed venue, and shall be filed with the circuit clerk of the county of original venue. The judge may hear or determine all pretrial and post-trial matters in the county to which venue has been changed or in any county of the judge’s district. (b) Place of Trial. In all cases in which venue has been changed, it shall be within the judge’s discretion, after the jury has been selected, to conduct the trial in the county of original venue or in the county to which venue has been transferred. (c) Costs. All costs of a trial transferred from one county to another county, including the cost of transporting the jury from one county to another where the same is ordered, shall be borne by the county of original venue. The clerk of the county of original venue shall handle any appeal. Comment

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