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Effective Date: 8/2/2019

Alternative Assignment.

A. Procedure. This local rule is adopted to provide a district-wide procedure for reassignment of selected cases in compliance with Administrative Rule 2(9) and (10).

If a demand for change of judge is properly filed and is timely, in accordance with section 29-15-21, N.D.C.C., and that judge is not the presiding judge; or a recusal is filed by any judge, an alternative assignment will be given based on an assignment roster maintained in the offices of the presiding judge.

If the presiding judge has filed a recusal, or if a demand for change of judge is filed against the presiding judge, the clerk of district court in the county of venue shall refer the case to the designated acting presiding judge appointed pursuant to Administrative Rule 2(6), for reassignment of the case among the judges of the district, unless a recusal or demand for change of judge has previously been filed against the designated acting presiding judge, in which case the clerk of district court in the county of venue shall refer the case to an alternate acting presiding judge for reassignment.

If all district judges are unable to preside, the presiding judge or designee shall refer the case to the clerk of the Supreme Court for reassignment by the chief justice.

2. Effective Date. The effective date of this local court rule is August 2, 2019.

Adopted effective January 2, 1995; amended January 2, 2000, amended effective August 2, 2019.

Effective Date Obsolete Date
08/02/2019 View
01/02/2000 08/01/2019 View
01/02/1995 01/02/2000 View