Local Rule Rule 3A: Assignment, Reassignment of Cases and Calendar Conflicts
D.P.R. — Civil rule
RULE 3A ASSIGNMENT, REASSIGNMENT OF CASES AND CALENDAR CONFLICTS
(a) Assignment and Reassignment in General; Case Assignment System.
(1) The clerk shall assign cases to judges by lot, using the computerized case assignment system, in such manner that each judge shall be assigned an equal number of cases by category.
(2) Transfer of Cases.
In the interest of justice, consolidation of cases, recusals, or to further the efficient performance of the business of the court, a judge may return a case to the clerk for reassignment, whether or not the case is related to any other case, or may transfer the case to another judge if the receiving judge consents to the transfer. The clerk shall reassign a returned case using the computerized case assignment system and shall add an additional card in the assignment deck to the judge who returned the case.
(b) Related Cases.
Upon filing, a party must indicate whether a case is related to a pending case by listing the title and number of the related action in the category sheet. An action is deemed related to another if:
(1) both actions involve the same parties and are based on the same or a similar claim;
(2) both actions involve the same property, transaction, or event; or,
(3) both actions involve similar questions of fact and the same question of law and their assignment to the same district judge is likely to effectuate a substantial saving of judicial effort.
(c) Special Assignments.
(1) Matters and Proceedings Requiring Immediate Action. If the judge to whom a case has been assigned is unavailable or otherwise unable to hear a matter which requires immediate action, the clerk shall inform the chief judge or his or her designee, who shall make a special assignment to hear the matter. The specially assigned judge will dispose of the matter only to the extent necessary to meet the immediate need. Proceedings in the case will thereafter be in the care of the judge to whom the case was originally assigned.
(2) Cases Remanded from the First Circuit Court of Appeals. A case remanded for further proceedings following a vacation or remand of any pretrial order or judgment shall be assigned to the judge who acted in the matter, unless otherwise ordered by the court of appeals.
(3) Unanticipated Crowding of the Docket; Emergencies. In the event of an unanticipated crowding of the docket that unexpectedly strains the institutional resources of the court, or in the event of an emergency, and in order to manage the court's calendar fairly and efficiently, the chief judge, upon consultation with the district judges, may order the reassignment or transfer of cases in the court's docket, superseding the computerized case assignment system and the method of assignment, reassignment, and transfer of cases set forth in these Rules.
(4) Calendar Conflicts Amongst Judges.
a. Order of Precedence. All actions and proceedings before the court are subject to the following order of precedence:
i. trials shall take precedence over all other hearings;
ii. jury trials shall take precedence over non-jury trials;
iii. criminal cases shall take precedence over civil cases;
iv. criminal cases involving defendants in custody shall take precedence over other criminal cases;
v. among criminal cases not involving defendants who are in custody, the case having the earliest docket number shall take precedence over the others;
vi. among civil cases, the case having the earliest docket number shall take precedence over the others.
b. Notice by Counsel. When there is a conflict between court appearances, counsel shall notify each judge involved in writing not later than seven (7) days after receipt of the notice giving rise to the conflict. The motion shall indicate the names and docket numbers of each case, and the date and time of the hearings. The case(s) not having precedence will be rescheduled.