Local Rule Civil Rule 3.1: CASE ASSIGNMENT

CIVIL RULE 3.1 CASE ASSIGNMENT

(A) DIVISION ASSIGNMENT AND OBJECTIONS Civil cases must be assigned to and tried in the division where the action arose or where the defendant resides. D.N.D. Gen. L.R. 1.1 sets forth the counties comprising each division.

The plaintiff must designate the appropriate division in the caption of the complaint. If a party believes the case has been assigned to the wrong division, a party must object within the time period for answering either by including an objection in the answer or by filing a motion seeking a change in the division assignment, except in removal cases. In removal cases, a party must object within thirty (30) days from the notice of removal. The failure to timely object constitutes a waiver of an objection to the division assignment.

(B) REASSIGNMENT OR CHANGE OF PLACE OF TRIAL The court may order a change of division assignment or a change in the place of trial upon timely motion made by a party when the initial division assignment is improper, upon stipulation of the parties, or in the court's discretion.

(C) DIRECT ASSIGNMENT CASES A percentage of civil cases are assigned to magistrate judges in accordance with the court's Plan for Direct Assignment of Civil Cases to a Magistrate Judge. If all parties consent in writing to the magistrate judge's exercise of civil trial jurisdiction, the case will remain assigned to the magistrate judge for all purposes, including trial and entry of final judgment.