D.D.C. LCrR 57.12

(a) DEFINITION.

A related case for the purpose of this Rule means as follows:

(1) Criminal cases are deemed related when (i) a superseding indictment has been

filed, or (ii) more than one indictment is filed or pending against the same

defendant or defendants, or (iii) prosecution against different defendants arises

from a common wiretap, search warrant, or activities which are a part of the same

alleged criminal event or transaction. A case is considered pending until a

defendant has been sentenced.

(2) If a civil forfeiture proceeding is filed concerning a criminal defendant, or a

defendant is charged in a criminal case while a civil forfeiture proceeding is

pending concerning that defendant, the civil and criminal cases are to be deemed

related.

If a judge after suspension based upon 10 consecutive days in a trial or hearing, thereafter

devotes an occasional day to other court business, that judge shall not by virtue thereof be

reinstated in the complete draw.

(3) Civil cases are deemed related when the earliest is still pending on the merits in

the District Court and they (i) relate to common property, or (ii) involve common

issues of fact, or (iii) grow out of the same event or transaction, or (iv) involve the

validity or infringement of the same patent. Notwithstanding the foregoing, a

case filed by a pro se litigant with a prior case pending shall be deemed related

and assigned to the judge having the earliest case. However, if a judge in the

interest of judicial economy, consolidates a significant number of similar pro se

prisoner complaints, or has a single case with a significant number of pro se

prisoner plaintiffs, and any of those prisoners later files a new complaint which is

unrelated to the subject matter of the consolidated cases or the multiple plaintiffs'

case, the judge who receives the new case as related may, if he or she chooses

refer the new case to the Calendar and Case Management Committee for random

assignment.

(4) Additionally, cases whether criminal or civil shall be deemed related where a case

is dismissed, with prejudice or without, and a second case is filed involving the

same parties and relating to the same subject matter.

(b) NOTIFICATION OF RELATED CASES.

The parties shall notify the Clerk of the existence of related cases as follows:

(1) At the time of returning an indictment the United States Attorney shall indicate,

on a form to be provided by the Clerk, the name, docket number and relationship

of any related case pending in this Court or in any other United States District

Court. The form shall be mailed to all defense counsel along with the notification

of the arraignment. Any objection by the defendant to the related case

designation shall be served on the U.S. Attorney and filed with the Clerk within

21 days after arraignment.

(2) At the time of filing any civil action, the plaintiff or his attorney shall indicate, on

a form to be provided by the Clerk, the name, docket number and relationship of

any related case pending in this Court or in any other United States Court. The

plaintiff shall serve this form on the defendant with the complaint. Any objection

by the defendant to the related case designation shall be filed and served with the

defendant's first responsive pleading or motion.

(3) Whenever an attorney for a party in a civil or criminal action becomes aware of

the existence of a related case or cases, the attorney shall immediately notify, in

writing, the judges on whose calendars the cases appear and shall serve such

notice on counsel for all other parties. Upon receiving information from any

source concerning a relationship between pending cases, the Clerk shall transmit

that information in writing to the judges on whose calendars the cases appear and

to all parties to the proceeding.

(c) ASSIGNMENT OF RELATED CASES.

Related cases noted at or after the time of filing shall be assigned in the following

manner:

(1) Where the existence of a related case in this Court is noted at the time the

indictment is returned or the complaint is filed, the Clerk shall assign the new

case to the judge to whom the oldest related case is assigned. If a judge who is

assigned a case under this procedure determines that the cases in question are not

related, the judge may transfer the new case to the Calendar and Case

Management Committee. If the Calendar and Case Management Committee finds

that good cause exists for the transfer, it shall cause the case to be reassigned at

random. If the Calendar and Case Management Committee finds that good cause

for the transfer does not exist, it may return the case to the transferring judge.

(2) Where the existence of related cases in this Court is revealed after the cases are

assigned, the judge having the later-numbered case may transfer that case to the

Calendar and Case Management Committee for reassignment to the judge having

the earlier case. If the Calendar and Case Management Committee finds that

good cause exists for the transfer, it shall assign the case to the judge having the

earlier case. If the Calendar and Case Management Committee finds that good

cause for the transfer does not exist, it may return the case to the transferring

judge.

(3) Where a party objects to a designation that cases are related pursuant to

subparagraphs (b)(1) or (b)(2) of this Rule, the matter shall be determined by the

judge to whom the case is assigned.

(d) REFERRALS TO A SINGLE JUDGE BY THE CALENDAR AND CASE

MANAGEMENT COMMITTEE.

Upon a finding by the Calendar and Case Management Committee that two or more cases

assigned to different judges should be referred for a specific purpose to one judge in

order to avoid a duplication of judicial effort, the Calendar and Case Management

Committee may enter such an order of referral. The order shall be with the consent of the

judge to whom the cases will be referred and shall set forth the scope of authority of said

judge. Unless otherwise provided, such an order shall not transfer any cases nor affect

the assignment of future cases.