Administrative Rule 4 - ASSIGNMENT OF PENDING CASES DURING TRANSITION TO NEW JUDICIAL DISTRICTS (OBSOLETE)

Pursuant to Section 93 of the North Dakota Constitution and in order to facilitate the transition on the effective date of new judicial districts pursuant to the order of this Court dated August 10, 1978, as amended by the order of this Court dated June 5, 1979, the North Dakota Supreme Court hereby adopts the following rule:

1. Except as herein provided, all civil and criminal cases filed in district court and all juvenile cases filed in juvenile court prior to the effective date of the new districts shall be assigned to the new district in which the county of filing is located.

2. Any case assigned to the new district may be reassigned by the presiding judge pursuant to Section 8 of Administrative Rule No. 2-1978 relating to presiding judges.⁽¹⁾ The presiding judge may reassign any case to a judge of another judicial district who had been assigned to that case prior to the effective date of the new judicial districts, with the consent of the presiding judge of the judicial district in which the judge to be assigned is located.

3. All cases in which the trial has started and not concluded on the effective date of the new judicial districts shall remain the responsibility of the judge presiding in that trial.

4. The respective judges are designated to perform duties in the new judicial districts pursuant to Section 27-05-22(3) NDCC and AR 2-1978.

5. Assignments of cases shall be made consistent with the provisions of Section 27-05-27 NDCC.The assignment of a judge to a new district may constitute a reason such judge is unable to act pursuant to this section.

6. For purposes of Section 29-32-03 NDCC (Uniform Post Conviction Act) a proceeding is commenced by filing an application verified by the applicant with the clerk of the court of the county in which the conviction took place. For purposes of Section 29-32-07 NDCC the application may be heard before any judge of the new district in the county in which the conviction occurred.

7. This rule shall have an effective term of 180 days from the 5th day of June, 1979.

Dated this 5th day of June, A.D., 1979.

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
North Dakota Supreme Court

1. Section 8 of Rule 2-1978 relating to presiding judges states: "The presiding judge shall make assignments of cases among the judges of the judicial district."