Print Version
Previous PageFile uploaded: 1/24/2019

Rule 29A. Change ofjudge as a matter of right.

 

(a) Notice of change. In any criminal action commenced after April 15,1992 in any district or justice court, all parties joined in the action may, byunanimous agreement and without cause, change the judge assigned to the actionby filing a notice of change of judge. The parties shall send a copy of thenotice to the assigned judge and the presiding judge. The notice shall besigned 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 theaction have agreed to the change; (4) that no other persons are expected to benamed as parties; and (5) that a good faith effort has been made to serve allparties named in the pleadings. The notice shall not specify any reason for thechange of judge. Under no circumstances shall more than one change of judge beallowed under this rule in any action. A change of judge under this rule isavailable only after a judge has been assigned to the case for trial. A noticeof change may not be filed prior to or during a preliminary examination.

 

(b) Time. The notice shall be filed by the later of 28 days after bindover to the assigned judge, or if the assignedjudge 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 of change, theassigned judge shall take no further action in the case. The presiding judgeshall promptly determine whether the notice is proper and, if so, shallreassign the action. If the presiding judge is also the assigned judge, theclerk shall promptly send the notice to the Chief Justice, who shall determinewhether the notice is proper and, if so, shall reassign the action.

 

(d) Nondisclosure to court. No party shall communicate to the court, orcause another to communicate to the court, the fact of any party's seekingconsent to a notice of change.

 

(e) Rule 29 unaffected. This rule does not affect any rights under Rule29.

 

Effective November 1,2015