Local Rule 40.2: CONFLICT OF COURT APPEARANCES
D. Mass. — General rule
RULE 40.2 CONFLICT OF COURT APPEARANCES
(a) Order of Preference and Notice to Deputy Clerks. In situations where counsel, including Assistant United States Attorneys, have conflicting court appearances among cases pending before different judicial officers of this court, the following order of preference shall apply, except as otherwise provided by law:
(1) Trials shall take precedence over all other hearings, and jury trials shall take precedence over nonjury trials.
(2) Criminal cases shall take precedence over civil cases.
(3) Criminal cases involving defendants who are in custody pending trial in the particular case shall take precedence over other criminal cases.
(4) Among civil cases or among criminal cases not involving defendants in custody, the case having the earliest docket number shall take precedence over the others.
When such conflicts appear, the counsel involved shall notify the deputy clerk assigned to each judicial officer concerned, in writing, not later than 7 days after the receipt of the notice or calendar giving rise to such conflict. The notice shall contain the names and docket number of each case, the time of the scheduled hearings in each case, the purpose thereof, and advise which case has precedence and the reason therefor. Upon receipt of such notice and a determination that a conflict in fact exists, the case or cases not having precedence shall be rescheduled.
(b) Substitution of Counsel. Counsel, in lieu of giving a notice of conflict, may elect to have a colleague, including another Assistant United States Attorney, handle the matter for the counsel involved. This shall not apply to any appointed defense counsel in the trial of criminal cases, unless the judicial officer orders otherwise.
(c) Primacy of Speedy Trial Plan. In the event of any conflict between the provisions of this rule and the provisions of the Speedy Trial Plan for the District of Massachusetts, the Speedy Trial Plan shall control.
(d) Scheduling Policy Regarding Superior Court Cases. When counsel have engagement conflicts with respect to cases pending in the Massachusetts Superior Court and this court, the following scheduling policy shall apply:
(1) Trials shall take precedence over all other hearings.
(2) Jury trials shall take precedence over nonjury trials.
(3) Criminal cases shall take precedence over civil cases.
(4) Criminal cases involving defendants who are in custody pending trial shall take precedence over other criminal cases.
(5) Among civil cases, or among criminal cases not involving defendants in custody, the case having the earliest docket number shall take precedence over the others, except that a trial setting involving numerous parties and counsel will ordinarily take precedence over other trials.
Counsel shall notify the presiding Superior Court Justice and the judicial officer of the scheduling conflict, in writing, not later than 7 days after the receipt of the scheduling order giving rise to the conflict. Counsel's notification shall include (1) the names and docket numbers of each case, (2) the date and time of the scheduled proceedings in each case, and (3) a brief statement as to which case has precedence under this policy. The case or cases not having precedence shall be rescheduled, unless the presiding Superior Court Justice and judicial officer agree otherwise.
Effective September 1, 1990; amended effective January 2, 1995; December 1, 2009.