22-2616. Change of venue.
22-2616
22-2616. Change of venue.(1) In any prosecution, the court upon motion of the defendant shallorder that the case be transferred as to him to another county or districtif the court is satisfied that there exists in the county where theprosecution is pending so great a prejudice against the defendant that hecannot obtain a fair and impartial trial in that county.
(2) When a case is ordered transferred to another county or district thecourt shall certify the order of transfer to the departmental justice whoshall designate another county or district to which the proceeding shall betransferred.
(3) When a transfer is ordered the clerk of the court where the case ispending shall transmit to the clerk of the court to which the case istransferred all papers in the case or duplicates thereof and any appearancebond taken, and the prosecution shall continue in the court to which thetransfer is ordered.
(4) When any case is transferred to another county under this sectionthe responsibility for prosecution of the case shall remain with theoriginal prosecuting attorney, or his successor.
(5) When any case is transferred to another county under this sectionall taxable costs in such case shall be taxed to the county in which thecase originated and such county shall be liable for the payment thereof.
The provisions of this section shall apply only to the prosecution oftrials and shall not be applicable to preliminary proceedings.
History: L. 1970, ch. 129, § 22-2616; L. 1974, ch. 151, § 1; July 1.