RULE 18. PLACE OF TRIAL OR HEARING
In all criminal prosecutions, the trial
shall must be in the county in which the offense was committed, except as otherwise provided by law or by these Rules. The initial appearance, arraignment, or other hearing or proceeding may take place outside the county of venue.
Rule 18 was amended, effective March 1, 2001.
Rule 18 is an adaptation of Rule 18 of the Federal Rules of Criminal Procedure. It establishes the county in which the offense was committed as the proper place for which the trial should be held.
Rule 18 was amended, effective March 1, 2001, to allow proceedings, other than the trial, to occur outside the county of venue. In deciding to move a trial or proceeding, a trial court must consider N.D. Sup. Ct. Admin. R. 6(B) and 7(B).
The exception clause of this Rule is intended to emphasize its relationship to existing law [Chapter 29-15, N.D.C.C.], which provides for a change of place of trial, change of judge, or both. It further provides that jurisdiction to try the case is transferred to the county to which the action is removed. The exception clause is also intended to emphasize the provisions of Rules 19, 20 and 21.
SOURCES: Joint Procedure Committee Minutes of September 23-24, 1999, pages 13-15; September 24-25, 1998, pages 16-17; June 26-27, 1972, pages 28-29; July 25-26, 1968, pages 10-11; September 26-27, 1968, page 7; Fed.R.Crim.P. 18
, Rule 18; Wright, Federal Practice and Procedure: Criminal, § 301-307 (1969); 8 Moore's Federal Practice, Chapter 18 (Cipes, 2d Ed. 1970); Barron, Federal Practice and Procedure: Criminal, § 2061 (1951); Uniform Rules of Criminal Procedure, drafted by the National Conference of Commissioners on Uniform State Laws, Rule 32 (approved September 1952).
SUPERSEDED: N.D.C.C. § 29-01-33.
Chapter 29-03, N.D.C.C. § 29-03 (Local Jurisdiction of Public Offenses).
CROSS REFERENCES: N.D.R.Crim.P. 19.-Transfer Within District; N.D.R.Crim.P. 20.-Transfer From County for Plea and Sentence; N.D.R.Crim.P. 21.-Transfer From the County or Municipality for Trial.