Rule 20. Transfer from County for Plea and Sentence

(a) Indictment, information or citation pending. — A defendant arrested, held or present in a county other than that in which the indictment, information or citation is pending against that defendant may state in writing a wish to plead guilty or nolo contendere, to waive examination and/or trial in the county in which the indictment, information or citation is pending and to consent to disposition of the case in the county in which that defendant was arrested, held, or present, subject to the approval of the attorney for the state in each county. Upon receipt of the defendant’s statement and the written approval of the attorney for the state in each county, the clerk of the court in which the indictment, information or citation is pending shall transmit the court file in the proceeding or certify copies thereof to the clerk of the court for the county in which the defendant is arrested, held, or present and the prosecution shall continue in that county. (b) Indictment, information or citation not pending. — A defendant arrested, held or present in a county other than the county in which the indictment, information or citation will be filed may state in writing a wish to plead guilty or nolo contendere, to waive venue, preliminary examination and/or trial in the county in which prosecution is contemplated and to consent to disposition of the case in the county in which that defendant was arrested, held or present, subject to the approval of the attorney for the state in each county. Upon receipt of the defendant’s statement and of the written approval of the attorney for the state for each county and upon the filing of an information or a citation or the return of an indictment, the clerk of the court for the county in which the prosecution has initiated shall transmit the papers in the proceedings, or certified copies thereof, to the clerk of the court for the county in which the defendant is present and the prosecution shall continue in that county. (c) Effect of not guilty plea or mental illness. — If after the proceeding has been transferred pursuant to subdivision (a) or (b), the defendant pleads not guilty; or not guilty by reason of mental illness or deficiency; or if suggestion is made that the defendant is not triable because of a mental illness or deficiency, the clerk shall return the papers to the court in which the prosecution was commenced and the proceedings shall be restored to the docket of that court. The defendant’s statement that the defendant wishes to plead guilty or nolo contendere shall not be used against that defendant. (d) Appearance in response to summons. — For the purpose of initiating a transfer under this rule, a person who appears in response to a summons issued under Rule 4 shall be treated as if arrested on a warrant in the county of such appearance.