LOCAL RULE 91-1. AUTOMATIC AND ALTERNATIVE CASE ASSIGNMENT PROCEDURE

Effective Date: 11/8/2017

1. Purpose. This local court rule is established pursuant to AR 2 (9) and (10) and the North Dakota Rule on Local Court Procedural Rules of the North Dakota Supreme Court to provide a district-wide procedure for automatic assignment of cases and reassignment of cases in the event a recusal is filed by or a demand for change of judge is filed against the presiding judge of the Southeast Judicial District.

2. Procedure.

A. Automatic Assignment. All counties in the Southeast Judicial District are on continuous court and jury terms.
B. Alternative Assignment.
1. If the presiding judge is subject to a demand for change of judge pursuant to N.D.C.C. § 29-15-21:
A. The clerk of district court in the county of venue shall refer the case to the district judge with the most seniority of the judges available to rule on the demand.
B. If the demand is granted, the clerk of district court in the county of venue shall reassign the case using the automatic case assignment feature of the court's case management system. If no other judge is eligible for automatic assignment, the clerk shall refer the case to the district judge with the most seniority of the judges available in the district who shall then reassign the case.
2. If the presiding judge has filed a recusal, the clerk of district court in the county of venue shall reassign the case using the automatic case assignment feature of the court's case management system. If no other judge is eligible for automatic assignment, the clerk shall refer the case to the district judge with the most seniority of the judges available in the district who shall then reassign the case.

3. Effective Date. This local court rule shall become effective on the date of approval by the Supreme Court pursuant to AR 2 (9) and (10).

[Approved by the Supreme Court November 8, 2017.]

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

Effective Date Obsolete Date
11/08/2017 View
05/30/2013 11/08/2017 View
12/23/1998 05/30/2013 View
11/03/1993 12/23/1998 View