Local Rule 40.4: EMERGENCIES AND SPECIAL PROCEEDINGS

RULE 40.4 EMERGENCIES AND SPECIAL PROCEEDINGS

(a) Matters and Proceedings Heard by Miscellaneous Business Docket (MBD) Judge. There will be designated an MBD judge to hear and determine:

(1) Emergency matters requiring immediate action in cases already assigned to any district judge, if the judge to whom a case had been assigned is unavailable or otherwise unable to hear the matter.

(2) Special proceedings, the nature of which precludes their assignment in the ordinary course (for example, motions relating to grand jury investigations, discovery in cases pending in other districts, enforcement of administrative subpoenas); and

(3) Any other proceedings, including an admission to the bar and a naturalization, which are not part of or related to a case that should be assigned in the ordinary course.

(b) Disposition of "Emergency" Matters. The MBD judge will dispose of matters pursuant to subsection (a)(1), only to the extent necessary to meet the emergency. So far as practicable, consistent with justice and the efficient performance of the business of the court, the matter will be continued for disposition by the district judge to whom the case is assigned.

(c) Subsequent "Emergency" Proceedings. If the MBD judge before whom the proceeding is brought concludes that, for lack of an emergency or otherwise, the proceeding should not be determined under this rule, the party who brought the proceeding shall not thereafter present the same matter to any other judge sitting as MBD judge, unless relevant circumstances change in the interim, in which case the party shall bring to the attention of such other judge the prior proceeding and the changed circumstances which warrant resubmission of the matter under this rule.

(d) Special and Other Proceedings. Proceedings pursuant to subsections (a)(2) and (3) shall continue before the district judge first handling the matter until conclusion.

Effective September 1, 1990.