RULE 25: Assignment of Cases
A. Assignment of Original Filings and Subsequent Motions.
Upon the original filing of a case, the case shall be assigned by lot to a specific Judge and Magistrate of this Court. A case that is reactivated by motion maintains it assignment to the original Judge and Magistrate unless the Administrative Judge determines that cases must be reassigned to balance caseloads between judges / magistrates, or if the original action was filed prior to January 1, 1991, the case shall be assigned in the same manner as an original filing.
B. Assignment of Subsequent Filings Involving Same or Similar Parties
In the event separate or multiple cases are filed involving the same parents, the first case filed shall be assigned by lot to a specific judge and magistrate. The subsequent cases filed shall be assigned to the same judge and magistrate.
Civil protection order cases and Juvenile Branch private custody/visitation/parentage/child support cases with the same parties to the case shall be assigned to the same judge, with all cases filed after the first case being assigned to the same judge that was assigned by lot in the first case.
C. Assignment of Refiled Cases Involving the Same Parties and Actions.
In any instance where a previously filed and dismissed case is refiled, that case shall be reassigned to the Judge and Magistrate originally assigned by lot to hear it unless for good cause shown, that Judge or Magistrate is precluded from hearing the case.
D. Reassignment of Dockets to Successors; Creation of New Dockets
When a Judge or Magistrate leaves the Court his or her cases will be assigned to his or her successor.
When a docket is newly created for a judge or magistrate following the policies set forth by the Court and as directed by the Rules of Superintendence, it is intended that all cases meeting single assignment rules shall also be transferred to the newly created docket. Any cases that were not reassigned at the time of docket creation shall be transferred if it is determined that a case meets single assignment rules set forth in this Rule. Any case transferred after the creation of a docket shall automatically result in a new case assignment the following month to the transferring docket to equalize the transfer.
E. Responsibility for Assigned Cases; Discretion of Judges and Magistrates
Once assigned to a case, the assigned Judge becomes primarily responsible for the determination of every issue and proceeding in the case until its termination. All preliminary matters, including requests for continuances, must be submitted for disposition to the Judge or Magistrate to whom the case is assigned, or if he or she is unavailable, to the Duty Judge or Duty Magistrate.
If the judges (as it relates to their specific assignment) or magistrates (as it relates to their specific assignment) are impacted by this single assignment rule in a specific case and jointly agree that the best interests of a family, youth, or the interests of justice are served by either
(1) transferring of a case NOT in accordance with this rule, or
(2) failing to transfer a case in accordance with this rule,
and such action does not violate any other statute or rule of procedure, they may so transfer or retain such case as to their specific assignment. Any case transferred shall automatically result in a new case assignment the following month to the transferring docket to equalize the transfer.
F. Assignment of Cases or Hearings to Judges
None of the above language shall be construed to limit the reference of cases to Magistrates pursuant to Civil Rule 53 or Local Rule 8. Notwithstanding those rules, the following matters shall be docketed for and heard only by the assigned Judge, or another Judge willing to hear the matter, except with permission of the Administrative Judge of this Court, a Judge may refer specific cases to a Magistrate if the case cannot be heard due to unavailability of docket time:
(1) Final hearings for divorce and dissolution, and motions directly related to such final hearings on the merits.
(2) Motions for a new trial or to vacate and set aside any matter heard and decided by a Judge.
(3) Final domestic violence hearings.
(Effective February 25, 1993; 10/1/04; 9/30/15; 03/01/24)