RULE No. 10 – REASSIGNMENT OF CASES

(A) Related Case. 

If a case assigned under SMCR No. 8 is found to be related to another case(s), or if there is a companion case(s) which presents substantially the same issues for determination, such fact shall be called to the attention of the presiding judge by submitting a related case transfer entry, signed by the transferring judge and the transferee judge. If the related case transfer entry has been approved by the transferor and the transferee judge, the presiding judge shall approve the same and reassign such case(s) to the transferee judge. The presiding judge may transfer the case without the approval of the transferee judge when he finds such transfer appropriate.

(B) Disqualification.

If, for any reason, a judge is disqualified to hear an assigned case or is recused, that judge shall sign and submit a case transfer entry to the presiding judge. If approved by the presiding judge, a new lot shall be drawn and that case(s) shall be assigned to another judge. The transferring judge shall then receive the next case that would have been assigned by lot to the transferee judge.

(C) Illness or Absence.

In the event of the protracted illness of a judge, or the unduly prolonged time for trial of a case(s) assigned to a judge, the presiding judge may order the reassignment of cases assigned to that judge to another judge or to a visiting judge, as the presiding judge may determine.

(D) General.

The presiding judge may reassign any case in the furtherance of justice. A judge appointed or elected to succeed another shall have the cases assigned to his predecessor. When there is a transfer of a case, the case file and the other records shall be changed to reflect the reassignment to the transferee judge.

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