Local Rule DUCivR 83-2: ASSIGNMENT AND TRANSFER OF CIVIL CASES

DUCivR 83-2 ASSIGNMENT AND TRANSFER OF CIVIL CASES

(a) Case Assignment.

(1) Except as provided in this rule or general order, an automated system randomly assigns civil cases to active district judges and full-time magistrate judges for the purpose of maintaining work parity among these judges. Active district court judges approve this system, and the clerk manages and maintains it under the direction of the Chief Judge to accomplish this purpose.

(2) The Chief Judge may assign or reassign a case for the efficient administration of justice.

(3) A majority of active district judges may adjust the Chief Judge's caseload as necessary for the performance of the duties of that office.

(4) The Chief Judge and a senior district judge must inform the clerk of the percentage of a full caseload and type of cases that the senior judge elects to be assigned.

(b) Judicial Recusal or Disqualification.

In the event of a judicial recusal or disqualification, another judge will be assigned to the case through the automated system described in DUCivR 83-2(a). If all judges recuse or are disqualified, the Chief Judge will request that the Chief Judge of the Tenth Circuit Court of Appeals assign the case to a judge from another district.

(c) Emergency Circumstances.

In an emergency, if the assigned judge is unavailable, the clerk may request any available judge to act for the assigned judge.

(d) Special Assignment.

(1) Unrepresented Party. If an unrepresented plaintiff in a new case is already a plaintiff in a pending case or a case that was terminated within the year previous to the filing of the new case, the clerk will notify the judge assigned to the lowest-numbered case of the new case who may enter an order reassigning the new case.

(2) Bankruptcy Case. If multiple cases arising out of a single bankruptcy case are filed in this court, the first case will be randomly assigned to a judge. All subsequent cases arising out of the same bankruptcy case will be assigned to the same judge.

(3) Civil Forfeiture. If a civil forfeiture case is related to a pending criminal case, the civil forfeiture case will be assigned to the judge in the criminal case.

(4) Removed Case. If a case that has been remanded is removed again, the case will be reassigned to the same judge.

(5) Post-Conviction Relief. If a petitioner files multiple cases for post-conviction relief or other relief under 28 U.S.C. §§ 2241 or 2254, all subsequent cases will be assigned to the judge in the lowest-numbered case.

(6) Section 2255 Motions. All motions under 28 U.S.C. § 2255 will be assigned to the sentencing judge.

(7) Supplemental Proceedings. If a party files a motion for supplemental proceedings, the district judge may enter a referral under 28 U.S.C. § 636(b)(1)(A) to:

(A) the magistrate judge initially assigned; or

(B) a randomly assigned magistrate judge, if one was not previously assigned.

(e) Transfer of Related Case.

(1) Motion. If cases involve a common question of law or fact and are pending before different judges, any party to a later-filed case may file a motion and proposed order to transfer the case to the judge with the lowest-numbered case.

(2) Filing the Motion and Notice. The motion must be filed in the lowest-numbered case even if that case is on consent with a magistrate judge presiding. The movant must also file a notice of the motion in all other cases proposed for transfer with the assistance of the Clerk's Office. The judges assigned to the cases will confer about the appropriateness of the request. The judge assigned to the lowest-numbered case will decide the motion.

(3) Transfer Without a Motion. The court may enter an order of transfer on its own. An order entered is effective 14 days after service unless an objection is filed within that time. If a timely objection is filed, no transfer will occur until the judge assigned to the lowest-numbered case rules on the objection.

(f) Unavailable Judge.

If there is activity in a case assigned to a judge who no longer serves in the district, the case will be randomly reassigned.