§ RULE 40. ASSIGNMENT OF JUDGES; SPECIAL JURIES; CONTINUANCES
RULE 40. ASSIGNMENT OF JUDGES; SPECIAL JURIES; CONTINUANCES
(a) Assignment of Judges. The President Judge of the Superior Court is designated Assignment Judge for the Superior Court with authority to assign and designate the several judges who shall hold said courts or either of them in the several counties of the State for any designated period of time or for the hearing of any 1 or more designated causes. Upon motion by any party to any cause to the President Judge of the Superior Court, and for good cause shown, the President Judge may designate any judge of the Superior Court for the hearing of any or all proceedings in the cause.
(b) Special Juries. Application for a special jury shall be made at or before the marking of the case for trial. A party who has applied for a special jury may withdraw such application and have the case tried by the general jury, provided that the granting of such withdrawal will not unduly prejudice or inconvenience an opposing party. Special juries shall be selected in accordance with the plan for the selection of special juries, which shall be filed and available for inspection in the offices of the prothonotaries for each county.
(c) Continuance: Absence of Material Witness. Every motion for continuance upon the ground of the absence of, or unavailability of, a material witness shall be filed as soon as said absence or unavailability becomes known and shall be accompanied by an affidavit on behalf of the party applying therefor, setting forth the facts which the party expects to prove by such witness, the efforts made to procure the witness' attendance, and the date when the absence or unavailability of the witness became known. If it be stipulated by the opposite party that the witness if called would testify as set forth in the affidavit, the Court, in its discretion, may refuse the motion, and under such circumstances, the affidavit may be offered in evidence at trial.