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Rule 29A. Change of judgeas a matter of right.

 

(a) Notice of change. In any criminal action commenced afterApril 15, 1992 in any district or justice court, all parties joined in theaction may, by unanimous agreement and without cause, change the judge assignedto the action by filing a notice of change of judge. The parties shall send acopy of the notice to the assigned judge and the presiding judge. The noticeshall be signed by all parties and shall state: (1) the name of the assignedjudge; (2) the date on which the action was commenced; (3) that all partiesjoined in the action have agreed to the change; (4) that no other persons areexpected to be named as parties; and (5) that a good faith effort has been madeto serve all parties named in the pleadings. The notice shall not specify anyreason for the change of judge. Under no circumstances shall more than onechange of judge be allowed under this rule in any action. A change of judgeunder this rule is available only after a judge has been assigned to the casefor trial. A notice of change may not be filed prior to or during a preliminaryexamination.

 

(b) Time. The notice shall be filed by the later of 28 daysafter bindover to the assigned judge, or if theassigned judge has rejected a proposed plea disposition, within 10 days of suchrejection. Failure to file a timely notice precludes any change of judge underthis rule.

 

(c) Assignment of action. Upon the filing of a notice ofchange, the assigned judge shall take no further action in the case. Thepresiding judge shall promptly determine whether the notice is proper and, ifso, shall reassign the action. If the presiding judge is also the assignedjudge, the clerk shall promptly send the notice to the Chief Justice, who shalldetermine whether the notice is proper and, if so, shall reassign the action.

 

(d) Nondisclosure to court. No party shall communicate tothe court, or cause another to communicate to the court, the fact of anyparty's seeking consent to a notice of change.

 

(e) Rule 29 unaffected. This rule does not affect any rightsunder Rule 29.