Rule 21 – Place of Trial

May 13, 2021 | Criminal Procedure, Maine

(a) Venue. The trial shall be in the county in which the crime was allegedly committed, except as otherwise provided by law.
(b) Change of Venue.

(1)Upon Motion. The court upon motion of the defendant shall transfer the proceeding as to the defendant to another county if the court is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial in that county. The motion may be made only before the jury is impaneled or, where trial is by the court, before any evidence is received.
(2)By Consent. With the consent of the defendant and the attorney for the State the court may transfer a proceeding to another county.
(3)Without Consent. Upon the court’s own motion, the court may, for purposes of sound judicial administration, transfer any proceeding to a location that is both in an adjoining county and in the vicinity of where the crime was committed.
(4)Crime Committed in Two or More Counties. The court upon motion of the defendant shall transfer the proceeding as to the defendant to another county if it appears from the indictment or information or from a bill of particulars that the crime was committed in more than one county and if the court is satisfied that in the interest of justice the proceedings should be transferred to another county in which the commission of the crime is charged. When two or more crimes are charged against the defendant, the court may upon motion of the defendant and in the interest of justice transfer all or part of the counts if any one of the counts that is transferred charges a crime committed in the county to which the transfer is ordered.
(5)Proceedings on Change of Venue. If the defendant is in custody, when a change of venue is ordered, the defendant shall be delivered to the custody of the sheriff of the county to which the proceeding is transferred at an appropriate time as indicated by the court. The clerk shall transmit to the clerk of the court to which a proceeding is transferred all papers in the proceeding or certified copies thereof and any bail taken and the prosecution shall continue in that county.

Me. R. Uni. Crim. P. 21

Last amended effective November 2, 2016.