RULE 22. TIME OF MOTION TO TRANSFER
A motion to transfer
under these rules may be made at or before entry of a plea or at such any other time as the court or these rules may prescribe.
Rule 22 was amended, effective _____________.
Rule 22 is an adaptation of
Rule 22 of the Federal Rules Fed.R.Crim.P. 21(d). It differs from the Federal Rule federal rule in that the word "arraignment" has been deleted and the words "entry of a plea" were inserted in lieu thereof.
Under Rule 22, a motion to transfer the case or change the venue, as provided in Rules 20 and 21, may be made "at or before entry of a plea or at such time as the court or these rules may prescribe
"." In view of the nature of the relief granted by Rule 22, it is not unreasonable to require that the motion be made as soon as possible after the indictment or information is filed. Failure to make a timely motion constitutes a waiver of objection to venue. [See Carbo v. United States, 314 F.2d 718, 733 (9th Cir. 1963), rehearing denied, 377 U.S. 1010, 84 S. Ct. 1903, 12 L. Ed. 2d 1058, cert. denied, 377 U.S. 953, 84 S. Ct. 1625, 12 L. Ed. 2d 498 (1964).]
Rule 22 was amended, effective ______________, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of ___________ pages ___; October 17-20, 1972, page 11; September 26-27, 1968, page 11;
18 USCA, Fed.R.Crim.P. 22 21(d) , page 163; Wright, Federal Practice and Procedure: Criminal, § 361 (1969); 8 Moore's Federal Practice, Chapter 22 (Cipes, 2d Ed. 1970).
SUPERSEDED: N.D.C.C. § 29-15-02.
CROSS REFERENCE: N.D.R.Crim.P. 12 (Pleadings and Motions Before Trial; Defenses and Objections); N.D.R.Crim.P. 19 (Transfer Within District); N.D.R.Crim.P. 20 (Transfer from the County for Plea and Sentence); N.D.R.Crim.P. 21 (Transfer from the County or Municipality for Trial).