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emoval shall designate the county to which the case is to be<br />

removed. A suggestion by a defendant shall be under the<br />

defendant's personal oath. A suggestion filed by the State shall<br />

be under the oath of the State's Attorney.<br />

(2) Non-capital Cases<br />

When a defendant is charged with an offense for which is<br />

not eligible for the maximum death penalty is not death <strong>and</strong><br />

either party files a suggestion under oath that the party cannot<br />

have a fair <strong>and</strong> impartial trial in the court in which the action<br />

is pending, the court shall order that the action be transferred<br />

for trial to another court having jurisdiction only if it the<br />

court is satisfied that the suggestion is true or that there is<br />

reasonable ground for it. The Circuit Administrative Judge of the<br />

court ordering removal shall designate the county to which the<br />

case is to be removed. A party who has obtained one removal may<br />

obtain further removal pursuant to this section.<br />

(3) Transfer of Case File - Trial<br />

Upon the filing of an order for removal, the clerk shall<br />

transmit the case file <strong>and</strong> a certified copy of the docket entries<br />

to the clerk of the court to which the action is transferred <strong>and</strong><br />

the action shall proceed as if originally filed there. After<br />

final disposition of the action, the clerk shall return a<br />

certified copy of the docket entries to the clerk of the court in<br />

which the action was originally instituted for entry on the<br />

docket as final disposition of the charges.<br />

-149

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