Administrative Rule 10 - CHANGE OF JUDGE FOR TRIAL IN COUNTY COURT HAVING INCREASED JURISDICTION

The Supreme Court of North Dakota on March 4, 1980, adopted as a permanent rule the following administrative rule, which rule was adopted as an emergency rule on December 20, 1979, and further amended on February 11, 1980:

Whenever a party to a civil action or a defendant in a criminal action in a county court having increased jurisdiction files a request for a change of judge pursuant to the provisions of Sec. 27-08-27, NDCC, or Sec. 27-08-38, NDCC, or whenever the judge of the county court having increased jurisdiction is disqualified or unavailable for any reason, the judge shall not certify the proceedings to the district court of the county for trial nor shall he proceed any further in the action but shall forthwith forward a request to the presiding judge of the district in which the county is situated for the assignment of another judge. The presiding judge shall assign another judge of a county court having increased jurisdiction in the district, or, if none is available, shall request the Supreme Court for the assignment of another judge. If the request is made to the Supreme Court, the Chief Justice may assign any full-time judge or retired judge.

The actual expenses of the judge so designated, while in attendance upon the trial of this cause, shall be paid by the county in which the case originated in accordance with Sec. 44-08-04, NDCC, as amended by Chap. 479, Sec. 1, 1979 S.L.

Dated this 4th day of March, 1980.

Ralph J. Erickstad, Chief Justice
Wm. L. Paulson, Justice
Vernon R. Pederson, Justice
Paul M. Sand, Justice
Gerald W. VandeWalle, Justice

ATTEST:
Luella Dunn, Clerk

Effective Date Obsolete Date
01/01/0001 View