L. R. Prac. Sup. Ct. 10.3

As amended through December 6, 2023

Rule 10.3 - Procedures for Transfer to and Removal from an Assigned Regional Judicial District

a.Requests. A party desiring to transfer a case to or remove a case from a particular Regional Judicial District shall file a motion or stipulation requesting transfer, and shall specify the grounds for transfer. The motion or stipulation shall be served upon the judge to whom the case is presently assigned. Absent good cause shown, a request for transfer or removal shall not be filed less than sixty (60) days before trial.

b.Rulings. The court shall rule upon the assignment objections without oral argument unless requested by the judge. The court may consider, in addition to the factors set forth in Rule 10.2(a), the following factors:

(1) location of events or circumstances out of which the alleged cause of action arose;

(2) location or residences of all parties involved;

(3) location of the parties' respective legal counsel;

(4) the number and convenience of the parties' witnesses;

(5) the financial impact of the situs of the litigation on the parties and witnesses; and/or

(6) any other relevant factor indicating good cause for transferring the case to or removing the case from an assigned Regional Judicial District.

c.Change of Judge. A change of judge, whether as a matter of right or for cause, shall not cause the removal of a qualified case from the assigned Regional Judicial District. In the event a request for change of judge is filed, the Presiding Judge or the designated regional presiding judge shall reassign the case to another judge either regularly or specially assigned to the designated Regional Judicial District if such reassignment is administratively practical.

L. R. Prac. Sup. Ct. 10.3

Added Oct. 8, 2004, effective 11/1/2004. Amended June 12, 2013, effective 7/1/2013.

HISTORICAL NOTES

Former Rule 10. 3, formerly Rule 9.3 added March 6, 1980 (amended nunc pro tunc July 25, 1980), effective April 1, 1980, renumbered as Rule 10.3 June 27, 1989, which outlined procedures for setting matters in the Northeast Judicial District, was repealed Oct. 8, 2004, effective Nov. 1, 2004.