(a) For prejudice in the circuit. The court upon motion of the defendant shall transfer the proceeding as to the defendant to another circuit whether or not such circuit is specified in the defendant’s motion if the court is satisfied that there exists in the circuit where the prosecution is pending so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial in the circuit.(b)Transfer in other cases. For the convenience of parties and witnesses, and in the interest of justice, the court upon motion of the defendant may transfer the proceeding as to the defendant or any one or more of the counts thereof to another district or circuit, whether or not such district or circuit is specified in the defendant’s motion.(c) Proceedings on transfer. When a transfer is ordered the clerk shall transmit to the clerk of the court to which the proceeding is transferred all documents in the proceeding or duplicates thereof and any bail taken, and the prosecution shall continue in that district or circuit.
Haw. R. Pen. P. 21
Amended December 7, 2006, effective January 1, 2007; amended May 7, 2012, effective June 18, 2012.
