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FEAR's Brief Bank II
Motions, pleadings and briefs

Brief Bank II: indexed by issue

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Change of Venue

[

629

]

Order

Rule 21(b) provides, "[u]pon the defendant's motion, the court may transfer the proceeding, or one or more

counts, against that defendant to another district for the convenience of the parties and witnesses and in the

interest of justice." The motion "may be made at of before arraignment or at any other time the court or

these rules prescribe." Fed.R.Crim.P.21(d). While one factor used to evaluate a Rule 21(b) motion is the

location where the criminal conduct occurred, Rule 21(b) allows a venue to be in a district where no part of

the offense occurred. According the the Seventh Circuit, nothing in this Rule "or in cases interpreting it place

on the defendant seeking change the burden of establishing 'truly compelling circumstances' for such a

change. It is enough if, all relevant things considered, the case would be better off transferred to another

district." In considering inconvenience to the defendants, the court may apply a ten-factor test, quoted with

apparent approval by the Supreme Court in Platt v. Minnesota Mining & Manufacturing Co.,376 U.S. 240

(1964)

U.S.

$19,985.90

E.D.N.C

5:05-CV-

(

2007

)

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filed:

4/9/2007

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[

OrderTransferV

]

PDF version:

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PDF

[

553

]

ORDER

On April 9 the court ordered transfer of venue in related criminal case. April 10 Claimants' moved for

transfer of venue, and same day Government moved for stay of criminal transfer until after it has a chance

to move for reconsideration of the venue change. Government motion to stay granted. Where Claimants'

motion for transfer of venue in civil forfeture case relies heavily on transfer of the criminal case, and such

transfer will be the subject of the government's motion to reconsider, it is appropriate for the court to

consider and address the issues raised by these motions simultaneously, after full briefing by parties.