FEDERAL RULES OF CRIMINAL PROCEDURE - 2007
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TITLE V    Venue (Fed. Rules Crim. Proc. 18-22)

        Rule 18    Place Of Prosecution and Trial
        Rule 19    Reserved
        Rule 20    Transfer for Plea and Sentence
        Rule 21    Transfer for Trial
        Rule 22    [Transferred]

FEDERAL RULES OF CRIMINAL PROCEDURE - 2007

Rule 18    Place of Prosecution and Trial

    Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of the defendant and the witnesses, and the prompt administration of justice. 

History:

As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 2002, eff. Dec. 1, 2002.)

RELATED NCJIC MATERIALS:

See NCJIC 83.3.1.7 [Conspiracy: Defense Theory That Agreement Or Overt Act Did Not  Occur In The Venue Where The Charges Were Brought].

See NCJIC 257.11 [Venue].

COMMITTEE NOTE - 2002 REVISIONS

    The language of Rule 18 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

FEDERAL RULES OF CRIMINAL PROCEDURE - 2007

Rule 19    [Reserved] 

History:

(As amended Dec. 1, 2002.)

History; Ancillary Laws and Directives:

This Rule (Dec. 26, 1944, eff. March 21, 1946), was rescinded by Order of Feb. 28, 1966, eff. July 1, 1966. It provided for transfer within the district. 

Notes of Advisory Committee. Rule 19 is rescinded in view of the amendments being proposed to rule 18.

FEDERAL RULES OF CRIMINAL PROCEDURE - 2007

Rule 20    Transfer for Plea and Sentence

(a) Consent to Transfer. A prosecution may be transferred from the district where the indictment or information is pending, or from which a warrant on a complaint has been issued, to the district where the defendant is arrested, held, or present if:

(1) the defendant states in writing a wish to plead guilty or nolo contendere and to waive trial in the district where the indictment, information, or complaint is pending, consents in writing to the court’s disposing of the case in the transferee district, and files the statement in the transferee district; and 

(2) the United States attorneys in both districts approve the transfer in writing.

(b) Clerk's Duties. After receiving the defendant’s statement and the required approvals, the clerk where the indictment, information, or complaint is pending must send the file, or a certified copy, to the clerk in the transferee district.

(c) Effect of a Not Guilty Plea. If the defendant pleads not guilty after the case has been transferred under Rule 20(a), the clerk must return the papers to the court where the prosecution began, and that court must restore the proceeding to its docket. The defendant’s statement that the defendant wished to plead guilty or nolo contendere is not, in any civil or criminal proceeding, admissible against the defendant.

(d) Juveniles.

(1) Consent to Transfer. A juvenile, as defined in 18 USC 5031, may be proceeded against as a juvenile delinquent in the district where the juvenile is arrested, held, or present if:

(A) the alleged offense that occurred in the other district is not punishable by death or life imprisonment;

(B) an attorney has advised the juvenile; 

(C) the court has informed the juvenile of the juvenile’s rights—including the right to be returned to the district where the offense allegedly occurred—and the consequences of waiving those rights;

(D) the juvenile, after receiving the court’s information about rights, consents in writing to be proceeded against in the transferee district, and files the consent in the transferee district;

(E) the United States attorneys for both districts approve the transfer in writing; and

(F) the transferee court approves the transfer.

(2) Clerk's Duties. After receiving the juvenile’s written consent and the required approvals, the clerk where the indictment, information, or complaint is pending or where the alleged offense occurred must send the file, or a certified copy, to the clerk in the transferee district.

History:

(As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 22, 1974; July 31, 1975, P.L. 94-64, §§ 2, 3(30), 89 Stat. 370, 375 eff. Dec. 1, 1975; Apr. 28, 1982, eff. Aug. 1, 1982; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.)

RELATED NCJIC MATERIALS:

See NCJIC 83.3.1.7 [Conspiracy: Defense Theory That Agreement Or Overt Act Did Not  Occur In The Venue Where The Charges Were Brought].

See NCJIC 257.11 [Venue].

COMMITTEE NOTE - 2002 REVISIONS

    New Rule 20(d)(2) applies to juvenile cases and has been added to parallel a similar provision in new Rule 20(b). The new provision provides that after the court has determined that the provisions in Rule 20(d)(1) have been completed and the transfer is approved, the file (or certified copy) must be transmitted from the original court to the transferee court.

FEDERAL RULES OF CRIMINAL PROCEDURE - 2007

Rule 21    Transfer for Trial

(a) For Prejudice. Upon the defendant’s motion, the court must transfer the proceeding against that defendant to another district if the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.

(b) For Convenience. Upon the defendant’s motion, the court may transfer the proceeding, or one or more counts, against that defendant to another district for the convenience of the parties and witnesses and in the interest of justice.

(c) Proceedings on Transfer. When the court orders a transfer, the clerk must send to the transferee district the file, or a certified copy, and any bail taken. The prosecution will then continue in the transferee district.

(d) Time to File a Motion to Transfer. A motion to transfer may be made at or before arraignment or at any other time the court or these rules prescribe.

History:

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.)

RELATED NCJIC MATERIALS:

See NCJIC 83.3.1.7 [Conspiracy: Defense Theory That Agreement Or Overt Act Did Not  Occur In The Venue Where The Charges Were Brought].

See NCJIC 257.11 [Venue].

COMMITTEE NOTE - 2002 REVISIONS

    The language of Rule 21 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

    Amended Rule 21(d) consists of what was formerly Rule 22. The Committee believed that the substance of Rule 22, which addressed the issue of the timing of motions to transfer, was more appropriate for inclusion in Rule 21.

FEDERAL RULES OF CRIMINAL PROCEDURE - 2007

Rule 22    [Transferred]

History:

(As amended Dec. 1, 2002.)

COMMITTEE NOTE - 2002 REVISIONS