LOCAL RULE 2. CASE REASSIGNMENT PROCEDURE

Obsolete Date: 1/2/2000

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 administrative assistant. The administrative assistant will refer the case to the designated acting presiding judge appointed pursuant to Administrative Rule 2(5), 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 administrative assistant shall refer the case to an alternate acting presiding judge for reassignment.

If the presiding judge, acting presiding judge or alternate acting presiding judge are unable to complete an order of reassignment, the administrative assistant shall refer the case to the clerk of the supreme court for reassignment by the chief justice.

2. Effective Date. This local court rule shall become effective on January 2, 1995, pending approval by the Supreme Court. The expiration period for this Local Court Rule is 5 years from the effective date pursuant to North Dakota Rule on Local Rules section 10.1.

[Approved by Supreme Court December 14, 1994, effective January 2, 1995.]

CROSS REFERENCE: See Effective Term of Local Court Rule, N.D.R. Local Ct. P.R. § 10