Rule 63A. Change of judge as a matter of right.
(a) Notice of change. Except in
actions with only one party, all parties joined in the action may, by unanimous
agreement and without cause, change the judge assigned to the action by filing
a notice of change of judge. The parties shall send a copy of the notice to the
assigned judge and the presiding judge. The notice shall be signed by all
parties and shall state: (1) the name of the assigned judge; (2) the date on
which the action was commenced; (3) that all parties joined in the action have
agreed to the change; (4) that no other persons are expected to be named as
parties; and (5) that a good faith effort has been made to serve all parties
named in the pleadings. The notice shall not specify any reason for the change
of judge. Under no circumstances shall more than one change of judge be allowed
under this rule in an action.
(b) Time. Unless extended by the
court upon a showing of good cause, the notice must be filed within 90 days
after commencement of the action or prior to the notice of trial setting,
whichever occurs first. Failure to file a timely notice precludes any change of
judge under this rule.
(c) Assignment of action. Upon
the filing of a notice of change, the assigned judge shall take no further
action in the case. The presiding judge shall promptly determine whether the
notice is proper and, if so, shall reassign the action. If the presiding judge
is also the assigned judge, the clerk shall promptly send the notice to the
associate presiding judge, to another judge of the district, or to any judge of
a court of like jurisdiction, who shall determine whether the notice is proper
and, if so, shall reassign the action.
(d) Nondisclosure to court. No
party shall communicate to the court, or cause another to communicate to the
court, the fact of any party's seeking consent to a notice of change.
(e) Rule 63 unaffected. This rule
does not affect any rights under Rule 63.