Rule 10.3. Change of the place of trial

a. Grounds. In any criminal case, the state or any defendant shall be entitled to a change of the place of trial to another county, if a fair and impartial trial cannot be had for any reason other than the interest or prejudice of the trial judge.

b. Prejudicial Pretrial Publicity. Whenever the grounds for change of place of trial are based on pretrial publicity, the moving party shall be required to prove that the dissemination of the prejudicial material will probably result in the party being deprived of a fair trial.

c. Procedure. A motion for change of place of trial shall be made prior to trial, and, in Superior Court, at or before the omnibus hearing.

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