RULE 1.04 SIMILAR OR SUCCESSIVE CASES; DUTY OF COUNSEL

RULE 1.04 SIMILAR OR SUCCESSIVE CASES; DUTY OF COUNSEL
(a) Whenever a case, once docketed and assigned, is terminated by any means and
is thereafter refiled without substantial change in issues or parties, it shall be assigned, or
reassigned if need be, to the judge to whom the original case was assigned. Whenever a second
or subsequent case seeking post conviction or other relief by petition for writ of habeas corpus is
filed by the same petitioner involving the same conviction, it shall be assigned, or reassigned if
need be, to the same judge to whom the original case was assigned. All motions under 28 U.S.C.
Section 2255 shall be assigned to the judge to whom the original criminal case was assigned.
(b) TRANSFER OF RELATED CASES BEFORE TWO OR MORE JUDGES. If cases
assigned to different judges are related because of either a common question of fact or any other
prospective duplication in the prosecution or resolution of the cases, a party may move to transfer
any related case to the judge assigned to the first-filed among the related cases. The moving party
shall file a notice of filing the motion to transfer, including a copy of the motion to transfer, in each
related case. The proposed transferor judge shall dispose of the motion to transfer but shall grant
the motion only with the consent of the transferee judge. If the transferee judge determines that
the same magistrate judge should preside in some or all respects in some or all of the related
cases, the Clerk shall assign the magistrate judge assigned to the first-filed among the affected
cases to preside in that respect in those cases.
(c) CONSOLIDATION OF RELATED CASES BEFORE ONE JUDGE. If cases
assigned to a judge are related because of either a common question of law or fact or any other
prospective duplication in the prosecution or resolution of the cases, a party may move to
consolidate the cases for any or all purposes in accord with Rule 42.Fed.R.Civ.P., or Rule 13,
Fed.R.Cr.P. The moving party shall file a notice of filing the motion to consolidate, including a copy
of the motion to consolidate, in each related case. If the presiding judge determines that the same
magistrate judge should preside in some or all respects in some or all of the consolidated cases,
the Clerk shall assign the magistrate judge assigned to the first-filed among the affected cases to
preside in that respect in those cases.
(d) All counsel of record in any case have a continuing duty promptly to inform the Court
and counsel of the existence of any other case within the purview of this rule, as well as the
existence of any similar or related case or proceeding pending before any other court or
administrative agency. Counsel shall notify the Court by filing and serving a

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