§ Rule 40-I. Assignment of Cases for Trial

Rule 40-I. Assignment of Cases for Trial

 

(a) Assignment of Cases.All civil actions may be assigned for all purposes by the Chief Judge of the Superior Court to (1) a specific calendar or (2) a single judge. All proceedings in a case after its assignment shall be scheduled and conducted by the judge to whom the case is assigned in accordance with provisions in these Rules. Upon termination of an assignment of a judge to the Civil Division, the Chief Judge may designate the judge or judges to whom the cases on the calendar of the former judge shall be reassigned. The Chief Judge's authority under this Rule may be delegated to the Presiding Judge of the Civil Division to make special assignment of cases only to a judge currently assigned to the Civil Division.

 

(b) Distribution of Cases.The Civil Clerk's Office shall randomly distribute all cases assigned pursuant to paragraph (a)(1) of this Rule to the judges assigned to the Civil Division.

 

(c) Notice of New Trial Date.The assigned judge shall have sole responsibility for the assignment of trial dates for cases on the judge's calendar.

 

(d) Trial Continuances.No trial shall be continued except by order of the assigned judge upon a showing of specific and sufficient reasons why the applicant cannot attend the trial as scheduled or cannot try the case on the date scheduled. Applications for continuance shall be made to the assigned judge. Except for applications based on circumstances arising thereafter, application for such continuance must be made to the assigned judge not less than 30 days prior to the scheduled trial date and must show by certificate of counsel or affidavit that all other parties were given reasonable notice of the applicant's intent to make application.

 

(e)Nothing in this Rule shall preclude the assignment of civil actions to hearing commissioners under Rule 73.