LOCAL RULE 91-1. AUTOMATIC AND ALTERNATIVE CASE ASSIGNMENT PROCEDURE
Effective Date: 12/23/1998
Obsolete Date: 5/30/2013
1. Purpose.This local court rule is established pursuant to AR 2 (8) and (9) and the North Dakota Rule on Local Court Procedural Rulesof 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. 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 AR 2(4) for reassignment of the case among the district judges of the district, unless a recusal or demand for change of judge has previously been filed in the same case against the designated acting presiding judge, in which case the case shall be referred to the alternative designated acting presiding judge of the district for reassignment.
If no presiding judge, acting presiding judge or alternate acting presiding judge within the district is able to make a reassignment, the case shall be referred to the clerk of the supreme court for reassignment by the chief justice.
3. Effective Date.This local court rule shall become effective on the date of approval by the supreme court pursuant to AR 2(8) and (9).
[Approved by the Supreme Court December 23, 1998.]
CROSS REFERENCE: See Effective Term of Local Court Rule, N.D.R. Local Ct. P.R. § 10.