TIME OF MOTION TO TRANSFER
A motion to transfer under these rules may be made at or before entry of a plea or
other time as the court or these rules may prescribe.
Rule 22 is an adaptation of Rule 22 of the Federal Rules. It differs from the Federal
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
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
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
Rule 22 was deleted, effective March 1, 2006.
SOURCES: Joint Procedure Committee Minutes of April 28-29, 2005, page 3; January
27-28, 2005, page 18; October 17-20, 1972, page 11; September 26-27, 1968, page
USCA, Fed.R.Crim.P. 22, 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SUPERSEDED: N.D.C.C. § 29-15-02.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;