Rule 19 – Transfer of Cases

May 14, 2021 | Criminal Procedure, New Hampshire

When any party files a motion in any superior court or circuit court-district division requesting the transfer of a case, or of a proceeding therein, there pending to another court, the presiding judge may, after giving notice and an opportunity for a hearing to all parties, order such transfer.

N.H. R. Crim. P. 19

Adopted effective January 1, 2016 in Strafford and Cheshire counties and July 1, 2016 in Belknap County.

Comment

Rule 19 contemplates the transfer of whole cases, or of particular proceedings in cases, even in the absence of a related pending case or proceeding in the county to which transfer is sought. The rule provides a method whereby a party may ask a court to transfer cases for a plea as well as for trial. This rule should be distinguished from Rule 18, which provides for change of venue to insure a fair and impartial trial.