Rule 57 Transfers Involving Related Complex Civil Cases

The Presiding Judge may assign a criminal proceeding to the judge assigned to the Complex Litigation Division if the criminal proceeding arises out of the same transaction or occurrence that gave rise to one or more civil cases pending in the Complex Litigation Division of the Superior Court and the efficient use of judicial resources will be fostered by coordination with the related civil matters. Provisions shall be included in any such order of assignment to protect any individual defendant’s Fifth Amendment and other constitutional rights.

Effective October 1, 2018 (Promulgation Order 2018-002)

REPORTER’s Note: The Advisory Committee recognizes the benefits that are intended to be achieved by the proposal to allow coordination of civil and criminal proceedings relating to the same events or conduct. However the Committee was concerned that clarification was needed to assure that any individual defendant’s Fifth Amendment and other constitutional rights will be protected in the proceedings that follow. Hence the Advisory Committee added the final sentence to the Rule text as recommended.

Rules 58 – 60. [Reserved].