RULE 3.3 CHANGE OF JUDGE FOR POSTJUDGMENT MOTION OR PROCEEDING
(a) Postjudgment Change of Judge. Any postjudgment motion or proceeding must be heard by the same judge before whom the underlying matter was heard, subject to the following exceptions:
(1) A different judge may hear a postjudgment motion or proceeding if for any reason the original judge is unable to act.
(2) A different judge may hear a postjudgment motion or proceeding as provided in N.D.C.C. § 29-15-21(3).
(3) In nonfelony cases, a different judge from within the same judicial district may amend or enforce a condition in a judgment or order entered on a verdict or plea of guilty.
(4) In child support cases, a different judge from within the same judicial district may amend or enforce a child support order or judgment.
(b) Objections to Change of Judge. If a different judge is assigned to hear a postjudgment matter under paragraph (a)(3) or (a)(4) of this rule, any party may object to the reassignment. Such objection must be made within 10 days after the date notice of reassignment is served on the parties.
Rule 3.3 was amended, effective .
Rule 3.3 was adopted, effective March 1, 2000. The rule allows a judge to consolidate proceedings venued in the same county when a misdemeanant violates the conditions of more than one judgment.
Rule 3.3 was amended, effective , to allow judges to amend or enforce child support orders or judgments entered within the same judicial district, regardless of whether the particular judge rendered the original order or judgment. Subdivision (b) was added to allow parties to object to postjudgment judge reassignments.
SOURCES: Joint Procedure Committee Minutes of ; January 24-25, 2002, pages 14-16; September 24-25, 1998, pages 5-6; April 30-May 1, 1998, pages 5-6.
SUPERSEDED: N.D.C.C. § 27-05-27.