§ Rule 40-II. Certification and Assignment of Cases to Civil I Calendars

Codes > District of Columbia Official Code > Superior Court > VI. Trials > Rule 40-II.

Rule 40-II. Certification and Assignment of Cases to Civil I Calendars

(a) Designation of Civil I Cases.All cases involving claims for relief based upon exposure to asbestos or asbestos products shall be designated to a Civil I calendar. All other cases, if assigned to a specific calendar or a single judge pursuant to Rule 40-I(a), may be designated to a Civil I calendar upon motion by any party or joint motion of the parties, subject to approval by the judge assigned to the case and by the Presiding Judge of the Civil Division, or cases may be so designated upon recommendation of the assigned judge sua sponte if the designation is approved by the Presiding Judge.

(b) Factors Considered.In certifying a case to a Civil I calendar, the Presiding Judge may consider the estimated length of trial, the number of witnesses that may appear, the number of exhibits that may be introduced, the nature of the factual and legal issues involved, the extent to which discovery may require supervision by the court, the number of motions that may be filed in the case, or any other relevant factors.

(c) Distribution of Civil I Cases.The Presiding Judge shall assign cases designated to a Civil I calendar on a rotational basis.

(d) Assignment to Judge.All proceedings in a case after its assignment to a Civil I Calendar shall be scheduled and conducted by the judge to whom the case is assigned, except as otherwise provided in these Rules. Upon the termination of an assignment of a judge to a Civil I Calendar, the Chief Judge or the Presiding Judge shall designate the judge or judges to whom the cases on the calendar of the former Civil I judge shall be reassigned.

(e) Procedure.After a case has been assigned to a Civil I calendar, the calendar number or judge's name shall appear below the civil action number on all papers filed in the case. The filing of pleadings and other papers in cases designated to a Civil I calendar shall be accomplished in accordance with the provisions of Rule 5(d) and (e).

(f)[Deleted].