RULE 3.3 CHANGE OF JUDGE FOR
POSTJUDGMENT MOTION OR PROCEEDING
Any postjudgment motion or proceeding must be heard by the judge before whom the underlying action was originally heard, except:
1) A different judge may replace the original judge if for any reason the original judge is unable to act.
2) A different judge may modify an order governing alimony, child support, child custody, or the division of property.
3) A single judge may amend the conditions of all unsatisfied judgments of a misdemeanant regardless of whether the judge ordered entry of all the judgments.
Rule 3.3 was adopted effective____________________. The Rule supersedes Section 27-05-27, NDCC, and incorporates Section 29-15-21(3), NDCC, by recognizing a different judge may preside over a proceeding to modify alimony, child support, child custody, or the division of property. The provision allowing a judge to amend a misdemeanor judgment ordered by another judge is intended to allow consolidation of the proceedings when a misdemeanant has failed to satisfy the conditions of more than one judgment.
SOURCES: Procedure Committee Minutes of______________________.
SUPERSEDED: Section 27-05-27, NDCC.