Rule 4.150. Change of venue: application and general provisions
Rules 4.150 to 4.155 govern the change of venue in criminal cases under Penal Code section 1033.
(Subd (a) adopted effective January 1, 2006.)
(b) General provisions
When a change of venue has been ordered, the case remains a case of the transferring court. Except on good cause to the contrary, the court must follow the provisions below:
(1)Proceedings before trial must be heard in the transferring court.
(2)Proceedings that are not to be heard by the trial judge must be heard in the transferring court.
(3)Postverdict proceedings, including sentencing, if any, must be heard in the transferring court.
(Subd (b) amended effective January 1, 2007; adopted effective January 1, 2006.)
(c) Appellate review
Review by the Court of Appeal, either by an original proceeding or by appeal, must be heard in the appellate district in which the transferring court is located.
(Subd (c) adopted effective January 1, 2006.)
Rule 4.150 amended effective January 1, 2007; adopted as rule 840 effective March 4, 1972; previously amended and renumbered effective January 1, 2001; previously amended effective January 1, 2006.
Advisory Committee Comment
Subdivision (b)(1). This subdivision is based on Penal Code section 1033(a), which provides that all proceedings before trial are to be heard in the transferring court, except when a particular proceeding must be heard by the trial judge.
Subdivision (b)(2). This subdivision addresses motions heard by a judge other than the trial judge, such as requests for funds under Penal Code section 987.9 or a challenge or disqualification under Code of Civil Procedure section 170 et seq.
Subdivision (b)(3). Reflecting the local community interest in the case, (b)(3) clarifies that after trial the case is to return to the transferring court for any posttrial proceedings. There may be situations where the local interest is outweighed, warranting the receiving court to conduct posttrial hearings. Such hearings may include motions for new trial where juror testimony is necessary and the convenience to the jurors outweighs the desire to conduct the hearings in the transferring court.
Subdivision (c). This subdivision ensures that posttrial appeals and writs are heard in the same appellate district as any writs that may have been heard before or during trial.