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RULE 4-254. REASSIGNMENT AND REMOVAL

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 4. Criminal Causes
Chapter 200. Pretrial Procedures (Refs & Annos)
MD Rules, Rule 4-254
RULE 4-254. REASSIGNMENT AND REMOVAL
(a) Reassignment in District Court. The reassignment of a criminal action pending in the District Court shall be governed by the provisions of Rule 3-505.
(b) Removal in Circuit Courts.
(1) Suggestion and Order. When either party files a suggestion under oath that the party cannot have a fair and impartial trial in the court in which the action is pending, the court shall order that the action be transferred for trial to another court having jurisdiction only if the court is satisfied that the suggestion is true or that there is reasonable ground for it. The Circuit Administrative Judge of the court ordering removal shall designate the county to which the case is to be removed. A party who has obtained one removal may obtain further removal pursuant to this section.
(2) Transfer of Case File--Trial. Upon the filing of an order for removal, the clerk shall transmit the case file and a certified copy of the docket entries to the clerk of the court to which the action is transferred and the action shall proceed as if originally filed there. After final disposition of the action, the clerk shall return a certified copy of the docket entries to the clerk of the court in which the action was originally instituted for entry on the docket as final disposition of the charges.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. 744.
Section (b) is derived from former Rule 744.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended March 5, 2001, eff. July 1, 2001; Nov. 12, 2003, eff. Jan. 1, 2004; Dec. 7, 2015, eff. Jan. 1, 2016.]
MD Rules, Rule 4-254, MD R CR Rule 4-254
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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