Local Rule 40.1: ASSIGNMENT OF CASES

RULE 40.1 ASSIGNMENT OF CASES

(a) Civil Cases.

(1) Categories of Cases. All civil cases shall be divided into the following three categories for purposes of assignment, based upon the numbered "Nature of the Suit" listed in the civil cover sheet used by the clerk in initiating the civil docket:

I 410, 441, 470, 535, 830, 891, 893, 895, R.23, regardless of nature of suit. II 110, 130, 140, 160, 190, 196, 230, 240, 290, 320, 362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720, 740, 790, 820, 840, 850 III 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 385, 400, 422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 560, 625, 690, 751, 791, 810, 861-865, 890, 896, 899, 950

A copy of the local civil category sheet form referred to is attached as an appendix to this rule.

(2) Designation of Nature of Suit. The party filing the initial pleading shall complete a civil cover sheet, Form JS 44, or any successor forms, and file it with the initial pleading. If the clerk should determine that the designation of Nature of Suit is in error, the clerk shall correctly classify the suit and notify the party filing the initial pleading. A designation shall not thereafter be changed except by order of the chief judge or the district judge to whom the case is assigned.

(3) Assignment. The clerk shall place a case in one of the three categories described in subsection (a)(1) and, unless otherwise ordered by the court, assign it by lot among the district judges in active service at their respective duty stations in accordance with this rule in such manner that each such district judge shall be assigned as nearly as possible the same number of cases in each category. A senior judge may limit the category of case and nature of suit assigned to that judge and, within the categories of cases or suits that senior judge will accept, assignment shall be by lot in accordance with this rule.

(b) Criminal Cases.

(1) Categories of Cases. All criminal cases shall be divided into the following three categories:

I - Felony cases expected to require a combined total of 15 days or more for pretrial hearings and trial before a district judge. II - All other felony cases. III - All misdemeanor and petty offense cases where a district judge has been requested; all cases transferred under Fed. R. Crim. P. 20; cases involving waivers of indictment; and all matters involving alleged violations of conditions of release by persons transferred to this district for supervision.

(2) Designation of Category. The attorney for the United States shall identify the appropriate category on Form JS 45, as modified for the District of Massachusetts, or any successor form, and submit the form contemporaneously with the document that initiates the case. If the clerk should determine that the designation of category is in error, the clerk shall correctly classify the case and notify the attorney for the United States. The designation shall not thereafter be changed except by order of the chief judge or the district judge to whom the case is assigned.

(3) Assignment. The clerk shall place a case in one of the three categories described in subsection (b)(1) and, unless otherwise ordered by the court, assign it by lot among the district judges in active service at their respective active duty stations within the divisions of the court in accordance with this rule in such manner that each district judge shall be assigned as nearly as possible the same number of cases in each category. A senior judge may limit the category of cases or types of alleged criminal offenses assigned to that judge and within the categories of cases or offenses that senior judge will accept, assignment shall be in accordance with this rule.

(c) Designation of Divisions. The District of Massachusetts constitutes one judicial district comprising three divisions.

(1) Eastern Division. The Eastern Division of the District of Massachusetts comprises the counties of Barnstable, Bristol, Dukes, Essex, Middlesex, Nantucket, Norfolk, Plymouth, and Suffolk. Cases assigned to the Eastern Division and all pleadings and documents therein shall be filed in the clerk's office in Boston.

(2) Central Division. The Central Division of the District of Massachusetts is Worcester County. Cases assigned to the Central Division and all pleadings and documents therein shall be filed in the clerk's office in Worcester.

(3) Western Division. The Western Division of the District of Massachusetts comprises the counties of Berkshire, Franklin, Hampden and Hampshire. Cases shall be assigned to the Western Division and all pleadings and documents therein shall be filed in the clerk's office in Springfield.

(d) Assignment of Civil Cases.

(1) Civil cases shall be assigned to the respective divisions if:

(A) All of the parties reside in that division.

(B) All of the parties reside in the District of Massachusetts and the majority of the plaintiff(s) reside(s) in that division.

(C) The only parties residing in the District of Massachusetts reside in that division; or

(D) Any of the parties are the United States, the Commonwealth of Massachusetts, or any governmental agency of either the United States or the Commonwealth of Massachusetts and a majority of all other parties resident in the District of Massachusetts reside in that division.

(E) Except as otherwise ordered by the court, cases not governed by subsection (d)(1) may be filed, subject to reassignment and transfer, in the division chosen by the plaintiff.

(e) Assignment of Criminal Cases. Criminal cases shall be assigned to that division in which the most significant criminal conduct related to the alleged violations occurred within the District of Massachusetts. All documents in each criminal case shall be filed in the clerk's office administering cases for the division to which that case is assigned.

(f) Transfer between Divisions. Any case may be transferred from one division to another division on motion of any party for good cause shown or sua sponte for good cause by the district judge to whom the case is assigned.

(g) Related Civil Cases.

(1) Definition of "Related" Civil Cases. For purposes of this rule, a civil case shall be deemed related to another civil case only if:

(A) some or all of the parties are the same; and

(B) one or more of the following similarities exist: i. the cases involve the same or substantially similar issues of fact; ii. the cases arise out of the same occurrence, transaction or property; iii. the cases involve insurance coverage for the same property, transaction or occurrence.

(2) Criminal and Civil Cases. For the purposes of this rule, a civil case shall be deemed related to a criminal case only if:

(A) the civil case involves forfeiture of property from a transaction or occurrence that is the subject of a previously filed criminal case, enforcement of a restitution order or fine imposed in a previously filed criminal case or if it seeks some other form of civil enforcement relief relating to a previously filed criminal case.

(3) Common Question of Law Not Sufficient. Civil cases, even when they involve some or all of the same parties, shall not be deemed related to each other solely on the ground that they:

(A) involve the same or substantially similar challenges to a law, regulation, or government policy or practice; or

(B) otherwise involve a common question of law.

(4) Time Limitation. Civil cases shall not be deemed related if more than two years have lapsed since the closing of the earlier case.

(5) Social Security Cases. Any social security case filed in the district court following remand shall be deemed related to the initial case notwithstanding subsection (g)(4).

(6) Designation of Relatedness. If the plaintiff (or other party filing the initial pleading) believes that the case is related to any earlier filed case, whether or not the earlier case is still open (provided that not more than two years has elapsed since the closing of the earlier case), that party shall:

(A) notify the clerk by notation on the civil category sheet indicating the title and number of the earlier filed case; and

(B) file a written certification in the later-filed case specifically stating the basis for designating the two cases as related.

(C) Unless good cause is shown, designation of relatedness by plaintiff (or other party filing the initial pleading) shall be made at the time of the filing of the initial pleading.

(7) Objection to Designation of Relatedness or Lack of Designation of Relatedness.

(A) If the defendant (or other responding party) believes that a case that has been designated as related should not have been so designated, that party shall file a motion in the later filed case to return the case to the clerk for reassignment.

(B) If the defendant (or other responding party) believes that a case that has not been designated as related should have been so designated, that party shall file a motion in the later filed case for the judge's consideration of transfer or reassignment of the case pursuant to Section i of this Rule.

(C) Unless good cause is shown, objection to designation of relatedness or lack of designation of relatedness shall be made within 30 days of a responsive pleading being filed.

(8) Assignment by Clerk. The clerk shall assign related cases to the same district judge without regard to the number of other cases in that category previously assigned to that judge. Related cases shall be counted as cases assigned, except as the chief judge may otherwise direct.

(9) Correction of Designation as "Related." The assignment of cases as related by the clerk shall be subject to correction only by the district judge to whom they have been assigned, who shall return cases erroneously assigned on that basis to the clerk for reassignment.

(10) Correction of Designation as "Not Related." The treatment of a case as not related to another case shall be subject to correction only by the joint decision of the district judge to whom it has been assigned and the district judge to whom it should be assigned, if related to an earlier filed case. The judges may then transfer the case pursuant to Section i of this Rule and shall notify the clerk of the transfer.

(h) Related Criminal Cases.

(1) Definition of "Related" Criminal Cases. For purposes of this rule, a criminal case shall be deemed related to another criminal case only if:

(A) the case arises out of the same, or substantially similar, charged scheme(s), transaction(s) and/or event(s) or a series of same, regardless of whether the matter is charged as a conspiracy; or (B) one or more cases, by sharing common events or defendants, would entail substantial duplication of effort in the pretrial, trial and/or sentencing phases if heard by different judges.

That an individual defendant is charged in more than one case before different judges pending at the same time (if those cases are not otherwise related as defined above) does not make those cases related. However, nothing in this subsection shall bar transfer of a revocation matter involving new criminal conduct to the judge who has drawn any new indictment for that criminal conduct. Moreover, nothing in this subsection shall bar the transfer of criminal cases as allowed under Section (j)(2) of this Rule.

(2) Criminal and Civil Cases. For the purposes of this rule, a criminal case shall be deemed related to a civil case only under the circumstance explained in Section (g)(2) of this Rule.

(3) Common Questions of Law Not Sufficient. Criminal cases, even when they involve some or all of the same defendants, shall not be deemed related to each other solely on the ground that they:

(A) involve the same charge(s); (B) challenge the legality of the charge or government policy or practice; or (C) otherwise involve a common question of law.

(4) Time Limitation. Criminal cases shall not be deemed related if more than two years have lapsed since the closing of the earlier case and commencement of the new case.

(5) Designation of Relatedness. If the government believes that the case is related to any earlier filed case (regardless of whether the earlier case was initiated by indictment or information) and whether or not the earlier case is still open (provided that not more than two years has elapsed since the closing of the earlier case), the government shall:

(A) notify the clerk by notation on the criminal category sheet indicating the title and number of the earlier filed case; and

(B) file a written certification in the later-filed case specifically stating the basis for designating the two cases as related.

(C) Unless good cause is shown, designation of relatedness by the government shall be made at the time of the filing of the initial charging document (whether that is by indictment or information). One example of "good cause" would be the prior authorized sealing of the indictment or information.

(6) Objection to Designation of Relatedness or Lack of Designation of Relatedness.

(A) If a defendant believes that a case that has been designated as related should not have been so designated, that party shall file a motion in the later filed case to return the case to the clerk for reassignment.

(B) If a defendant believes that a case that has not been designated as related should have been so designated, that party shall file a motion in the later filed case for the judge's consideration of transfer or reassignment of the case pursuant to Section j of this Rule.

(C) Unless good cause is shown, objection to designation of relatedness or lack of designation of relatedness shall be made within 30 days of arraignment.

(7) Assignment by Clerk. The clerk shall assign related cases to the same district judge without regard to the number of other cases in that category previously assigned to that judge. Related cases shall be counted as cases assigned, except as the chief judge may otherwise direct.

(8) Correction of Designation as "Related." The assignment of cases as related by the clerk shall be subject to correction only by the district judge to whom they have been assigned, who shall return cases erroneously assigned based on relatedness to the clerk for reassignment.

(9) Correction of Designation as "Not Related." The treatment of a case as not related to another case shall be subject to correction only by the joint decision of the district judge to whom it has been assigned and the district judge to whom it would be assigned, if related to an earlier filed case. If a joint decision between the district judges cannot be reached, then the chief judge shall decide if correction is necessary. The judge(s) may then transfer the case and shall notify the clerk of the transfer.

(i) Proceedings after Assignment. Unless otherwise ordered by the court, all proceedings in a case after its assignment shall be conducted before the district judge to whom it has been assigned, except as otherwise provided in these rules. This subsection does not preclude reassignment of cases by the court or the clerk, at the direction of the court, without prior notice to the parties.

(j) Reassignment and Transfer of Cases.

(1) Generally. In the interest of justice or to further the efficient performance of the business of the court, a district judge may return a case to the clerk for reassignment, whether or not the case is related to any other case, with the approval of the chief judge, or, with respect to civil cases only and whether or not the case is related to any other case, may transfer the case to another district judge, if the other judge consents to the transfer.

(2) Transfers of Criminal Cases. A district judge may transfer a criminal case to another district judge, with the consent of (1) the other judge, (2) the chief judge, and (3) the parties in the transferred case, in order to permit a defendant charged in multiple criminal cases to plead guilty, to stand trial, to be sentenced, or otherwise to address in a single proceeding multiple criminal cases in which that defendant has been charged.

(k) Motion for Consolidation of Cases. A motion for consolidation of two or more cases shall be made in the case first filed in this court.

(l) Proceedings after Appeal.

(1) When an appellate court remands a case to this court for a new trial, the case shall be reassigned to a district judge other than the judge before whom the first trial was held.

(2) In all other cases in which the mandate of the appellate court requires further proceedings in this court, such proceedings shall not be conducted before the district judge before whom the prior proceedings were conducted unless the terms of the remand require that further proceedings be conducted before the original judge or unless the judge determines that there will result a substantial saving in the time of the whole court and that there is no reason why, in the interest of justice, further proceedings should be conducted before another judge. If the judge before whom the prior proceedings were conducted does not retain the case for further proceedings, that judge shall return it to the clerk for reassignment.

(m) Drawing of Civil Cases to Magistrate Judges. The court may adopt policies and procedures permitting the assignment of certain civil cases to magistrate judges rather than to district judges in accordance with this rule. Any such policies and procedures shall include a requirement that the parties consent to the assignment, consistent with the requirements of 28 U.S.C. § 636(c) and other federal law.

Effective September 1, 1990; amended effective January 1, 2001; August 2, 2011; January 3, 2012; September 6, 2016; August 7, 2020; October 1, 2023, December 2, 2025.