(a) Conditions for Reassignment. A criminal case may be reassigned to another judge if it
is found to be related to a lower-numbered criminal case assigned to that judge and each of the
following criteria is met:
(1) the cases share one or more common defendant(s), or the cases are based upon the
same set of facts, events or offenses;
(2) the handling of both cases by the same judge is likely to result in an overall saving of
judicial resources; and
(3) neither case has progressed to the point where reassigning a case would likely delay
substantially the proceedings in either case, or the court finds that the assignment of the
cases to the same judge would promote consistency in resolution of the cases or otherwise
be in the interest of justice.
(b) Motion to Reassign. A motion for reassignment based on relatedness may be filed by
any party to a case. The motion must be filed with and will be decided by the judge to whom
the lowest numbered case of the claimed related set is assigned for trial or other final
disposition. If the set includes both felony cases, and one or more misdemeanors assigned to a
magistrate judge, then the motion must be filed with, and will be decided by the district judge
assigned to the lowest numbered felony case in the set. Copies of the motion must be served
on all parties and on the judges for all of the affected cases. The motion must:
(1) set forth the points of commonality of the cases in sufficient detail to indicate that the
cases are related within the meaning of subsection (a), and
(2) indicate the extent to which the conditions required by subsection (a) will be met if
the cases are found to be related.
Any objection to the motion must be filed within 7 days of the filing of the motion.
(c) Order. The judge must enter an order finding whether or not the cases are related, and,
if they are, whether the higher numbered case or cases should be reassigned to that judge.
Where the judge finds that reassignment should occur, the clerk must reassign the higher
numbered case or cases to the judge deciding the motion and to whom the lowest numbered
case is assigned. A copy of any finding on relatedness and whether or not reassignment should
take place must be sent to each of the judges before whom any of the higher numbered cases
are pending.
(d) Conditions for Reassignment of Cases Involving Pending Supervised Release
Violations. If a defendant in an open criminal case has a supervised release violation
pending in another criminal case, the case in which the supervised release violation is
pending may be reassigned to the judge presiding over the open criminal case. The
reassignment will occur by order of the court in the case having the pending supervised
release violation.
(e) Scope of Reassignment Order. An order under this rule reassigning cases as
related does not constitute a joinder order under Fed. R. Crim. P. 13.
Note: Amended July 1, 2023, to permit more flexibility in the reassignment of criminal cases. Amended July 1,
2024, to adopt a procedure for certain cases involving supervised release violations.
