COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Effective February 1, 1990 unless otherwise noted
Upon the original filing of a case, the case shall be assigned by lot to a specific Judge and Magistrate of this Court. A case that is reactivated by motion shall be assigned to the original Judge and Magistrate unless the Administrative Judge determines that cases must be reassigned to balance caseloads between judges / magistrates, or if the original action was filed prior to January 1, 1991, the case shall be assigned in the same manner as an original filing. In the event the same parties each file separate cases, the first case filed shall be assigned by lot to a specific judge. The second case filed shall be assigned to the same judge.
In any instance where a previously filed and dismissed case is refiled, that case shall be reassigned to the Judge and Magistrate originally assigned by lot to hear it, unless for good cause shown, that Judge or Magistrate is precluded from hearing the case. When a Judge or Magistrate leaves the Court his or her cases will be assigned to his or her successor. To allow for other responsibilities, assignments to the Administrative Judge shall be reduced by fifteen percent.
Once assigned a case, the assigned Judge becomes primarily responsible for the determination of every issue and proceeding in the case. All preliminary matters, including requests for continuances, must be submitted for disposition to the Judge or Magistrate to whom the case or motion is assigned, or if he or she is unavailable, to the Duty Judge or Duty Magistrate.
None of the above language shall be construed to limit the reference of cases to Magistrates pursuant to Juvenile Rule 40, Civil Rule 53 or Local Juvenile Rule 20. Notwithstanding those rules the following matters shall be docketed for and heard only by the assigned Judge, or another Judge willing to hear the matter, except with permission of the Administrative Judge of this Court, a Judge may refer specific cases to a Magistrate if the case cannot be heard due to unavailability of docket time:
a) Juvenile cases involving:
Murder, Aggravated Murder, Vehicular Homicide, Aggravated Vehicular Homicide, Negligent Homicide, Consent to Marry, Abortion Notification, Habeas Corpus, Permanent Surrender for Adoption, Bindover for Trial as an Adult, Manslaughter, Voluntary Manslaughter, Involuntary Manslaughter, Offenses against Human Corpse.
b) All criminal charges
against adults in which a demand for a jury trial has not been filed.
(Effective January 1, 1991;
Amended effective 7/1/93; 11/1/04)