Local Rule Civ. RULE 40.1: ALLOCATION AND ASSIGNMENT OF CASES

Civ. RULE 40.1 ALLOCATION AND ASSIGNMENT OF CASES (a) Allocation. Each civil case shall be allocated by the Clerk of the Court to Camden, Newark or Trenton at the time it is commenced. The Clerk shall consider the residence of the defendant, the convenience of litigants, counsel and witnesses, and the place where the cause of action arose. The vicinage allocated shall be the location of trial and of all proceedings in the case, unless changed by order of the Court. (b) Assignment (1) After allocation, and subject to the supervision of the Chief Judge, each case shall be assigned forthwith to a District Judge and a Magistrate Judge by the Clerk or the Deputy charged with such duty. (2) If it appears that any matter requires immediate attention and the District Judge to whom an action has been or would be assigned is not or will not be available, the Clerk or Deputy charged with such duty, under direction of the Chief Judge, shall assign the matter either permanently or temporarily to an available District Judge. (c) Related Cases. When a civil action, whether filed by counsel or a pro se party: (1) relates to any property included in a case already or previously pending in this Court; (2) grows out of the same transaction as any case already or previously pending in this Court; or (3) involves the validity or infringement of any patent, copyright or trademark which is involved in a case already or previously pending in this Court, counsel or the pro se party shall at the time of filing the action inform the Clerk of such fact. Whenever possible, such action shall be assigned to the same Judge to whom the pending or previously related action is or was assigned. (d) Notice and Objection. Promptly after allocation and assignment of a civil case, the Clerk shall notify both the parties or their counsel and the District Judge and Magistrate Judge of such allocation and assignment. Objections to either the allocation or the assignment of a civil case shall be made before the Chief Judge, on notice to opposing counsel and to the District Judge and Magistrate Judge to whom the case has been assigned. (e) Reallocation and Reassignment. Disposition of any objections submitted under paragraph (d) above, and any other reallocation or reassignment of any case, shall be upon order of the Chief Judge. REPEALED EFFECTIVE JULY 6, 2021. (f) Patent Pilot Project Cases. The initial allocation and assignment of patent cases are governed by paragraphs (a), (b), and (c) above. The reallocation and reassignment of patent cases and certain non-patent cases under the Patent Pilot Project, pursuant to Pub. L. No. 111-349, between designated patent judges and non-designated patent judges, shall occur without regard to the vicinage to which the case was originally allocated. Promptly after such reallocation and/or reassignment, the Clerk shall notify both the parties and the Judge of such reallocation and/or reassignment; objections to either the reallocation or the reassignment of such case shall be made before the Chief Judge, on notice to opposing counsel and to the Judge to whom the case has been assigned, and disposition of any objections shall be upon order of the Chief Judge, upon consideration of the convenience of litigants, counsel, and witnesses, the place where the cause of action arose, and the needs of equitable administration of the Patent Pilot Project. Operational details of the Patent Pilot Project are set forth in Appendix T to these Rules, which shall have the same force and effect as the provisions of these Rules. (g) A civil action filed against a Judge shall be assigned to a Judge in a vicinage other than the vicinage where the defendant Judge maintains his or her permanent duty station and if the assignee Judge determines that the suit is patently frivolous, or if judicial immunity is plainly applicable, the assignee Judge need not recuse, but in all other cases, the assignee Judge is disqualified and shall refer the matter to the Chief Judge for assignment outside the District of New Jersey. (h) If assignment to a Judge pursuant to (g) above is a reassignment of a civil action that results from the originally assigned Judge being named as a defendant Judge in that civil action, the newly assigned Judge shall promptly determine whether the suit against the Judge is patently frivolous or judicial immunity applies. If the assigned Judge determines that judicial immunity is a complete defense or the suit against the Judge is patently frivolous that warrants the dismissal of the defendant Judge, the assigned Judge shall promptly notify the Chief Judge upon the issuance of an order dismissing the defendant Judge. The Chief Judge shall thereafter, if appropriate, reassign the civil action to the originally assigned Judge. Amended: March 3, 1998; March 1, 20120; October 4, 2011; March 25, 2019; December 5, 2022.