Rule 14.3 Transfer of Allotted Case

# Transfer of Allotted Case

Once a case is assigned to a specific division (judge), it can be moved to a different division in two ways. The first way is if everyone agrees, including the prosecution, the defense, and the court itself. If all sides consent, the judge giving up the case and the judge receiving it must both sign a written order approving the move.

The second way is when someone wants to move the case but not everyone agrees to it. In that situation, the person asking for the transfer has to prove there's a good reason for it. This happens at a hearing, and the person requesting the move carries the burden of convincing the court.

This hearing isn't held by the judge already assigned to the case. Instead, a different judge, called a judge ad hoc, is brought in to decide the matter. This judge is chosen the same way judges are picked to handle recusal motions, which are requests to remove a judge from a case for bias or conflict of interest.