Current through Register Vol. 46, No. 39, September 25, 2024
(a) General. There shall be established
for all civil actions and proceedings heard in the Supreme Court and County
Court an individual assignment system which provides for the continuous
supervision of each action and proceeding by a single judge. Except as
otherwise may be authorized by the Chief Administrator or by these rules, every
action and proceeding shall be assigned and heard pursuant to the individual
assignment system.
(b)
Assignments. Actions and proceedings shall be assigned to the judges of the
court upon the filing with the court of a request for judicial intervention
pursuant to section
202.6 of this Part. Assignments
shall be made by the clerk of the court pursuant to a method of random
selection authorized by the Chief Administrator. The judge thereby assigned
shall be known as the "assigned judge" with respect to that matter and, except
as otherwise provided in subdivision (c) of this section, shall conduct all
further proceedings therein.
(c) Exceptions.
(1) Where the requirements of matters
already assigned to a judge are such as to limit the ability of that judge to
handle additional cases, the Chief Administrator may authorize that new
assignments to that judge be suspended until the judge is able to handle
additional cases.
(2)
The Chief Administrator may authorize the establishment in any court of special
categories of actions and proceedings, including but not limited to matrimonial
actions, medical malpractice actions, tax assessment review proceedings,
condemnation actions and actions requiring protracted consideration, for
assignment to judges specially assigned to hear such actions or proceedings.
Where more than one judge is specially assigned to hear a particular category
of action or proceeding, the assignment of such actions or proceedings to the
judges so assigned shall be at random.
(3) The Chief Administrator may authorize
the assignment of one or more special reserve trial judges. Such judges may be
assigned matters for trial in exceptional circumstances where the needs of the
courts require such assignment.
(4) Matters requiring immediate
disposition may be assigned to a judge designated to hear such matters when the
assigned judge is not available.
(5) The Chief Administrator may authorize
the transfer of any action or proceeding and any matter relating to an action
or proceeding from one judge to another in accordance with the needs of the
court.
(6) The Chief
Administrator may authorize the establishment in any court or county or
judicial district of a dual track system of assignment. Under such system each
action and proceeding shall be supervised continuously by the individually
assigned judge until the note of issue and certificate of readiness have been
filed and the pretrial conference, if one is ordered, has been held. The action
or proceeding then may be assigned to another judge for trial in a manner
prescribed by the Chief Administrator.
