Superior Court - New Hampshire Rules of Criminal Procedure - Rule 19. Transfer of Cases

Superior Court - New Hampshire Rules of Criminal Procedure - Rule 19. Transfer of Cases

(1) When any party files a motion in any superior court requesting the transfer of a case, or of a proceeding therein, to another superior court, the presiding judge may, after giving notice and an opportunity for a hearing to all parties, order such transfer. (2) When any party files a motion in any circuit court – district division requesting the transfer of a case, or of a proceeding therein, to another circuit court – district division, the presiding a judge may, after giving notice and an opportunity for a hearing to all parties, order such transfer. (3) Unless otherwise allowed by statute or rule, a case shall not be transferred from circuit court to superior court or from superior court to circuit court. If the parties agree to resolve a case pending in circuit court or superior court in the other trial court, the State must initiate a new case in that court by filing a complaint (circuit court) or information (superior court) and by nolle prossing or filing a notice of nolle prosequi for the original charges. 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.