RULE 3.3 CHANGE OF JUDGE FOR POSTJUDGMENT MOTION OR PROCEEDING
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 may amend or enforce a child support order or judgment.
Rule 3.3 was amended, effective March 1, 2003.
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 March 1, 2003, to allow judges to amend or enforce child support orders or judgments regardless of whether the particular judge rendered the original order or judgment.
SOURCES: Joint Procedure Committee Minutes of April 25-26, 2002, pages 5-8; 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SUPERSEDED: N.D.C.C. § 27-05-27.