Minn. R. Crim. P. 24.03

As amended through October 28, 2024

Rule 24.03 - Change of Venue

Subd. 1.Grounds. The case may be transferred to another county:

a. If the court is satisfied that a fair and impartial trial cannot be had in the county in which the case is pending;

b. For the convenience of parties and witnesses;

c. In the interests of justice;

d. As provided by Rule 25.02 governing prejudicial publicity.

Subd. 2.County to Which Transferred. For the purposes of change of venue under this rule the district referred to in Minn. Const. Art. I, § 6 is the area within the geographical boundaries of the State of Minnesota.

Subd. 3.Time for Motion for Change of Venue. Except as permitted by Rule 25.02, a motion for change of venue must be made at the time prescribed in Rule 10 for making pretrial motions.

Subd. 4.Proceedings on Transfer. If the case is transferred under these rules, all records in the case must be transmitted to the court to which the case is transferred. If the defendant is in custody, the court may order that the defendant be transported to the sheriff of the county to which the case is transferred. Unless the Supreme Court orders otherwise, the case must be tried before the judge who ordered the change of venue. If the defendant has been released upon conditions of release, those conditions must be continued on the further condition that the defendant must appear as ordered by the court for trial and other proceedings in the county to which the case has been transferred.

Minn. R. Crim. P. 24.03

Amended effective 7/1/2015.

Comment-Rule 24

By Rule 11.01, Omnibus Hearings may be held in any county in the district court's judicial district in which the offense was committed. Objections to the place of trial are waived unless asserted before commencement of the trial.

Rule 24.02, subd. 16 (Municipalities in More Than One County) is derived from Minn. Stat. § 484.80.

Rule 24.02, subd. 18 (Child Abuse) is derived from Minn. Stat. § 627.15.

Rule 24.03, subd. 1 (Grounds for Change of Venue) permits a change of venue upon motion of the defendant or prosecution, or on the court's initiative upon any of the grounds specified in the rule.

Minn. Const. Art. I, § 6 provides that the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county or district wherein the crime shall have been committed, which county or district shall have been previously ascertained by law. Under Rule 24.03, subd. 2 (County to Which Transferred), change of venue may be ordered upon any of the specified grounds to any county of the state.