D.D.C. LCvR 40.3

(a) RANDOM ASSIGNMENT.

Except as otherwise provided by these Rules, civil, criminal and miscellaneous cases

shall be assigned to judges of this Court selected at random in the following manner:

(1) The Clerk shall create a separate assignment deck in the automated system for

each subclassification of civil and criminal cases established by the Court

pursuant to LCvR 40.2 of these Rules and a separate deck for miscellaneous

cases 1. The decks will be created by the Liaison to the Calendar and Case

Management Committee or the Liaison's backup and access to this function shall

be restricted to these individuals to protect the integrity and confidentiality of the

random assignment of cases. The Calendar and Case Management Committee

will, from time to time determine and indicate by order the frequency with which

each judge's name shall appear in each designated deck, to effectuate an even

distribution of cases among the active judges.

(2) At the time a civil complaint is filed or an indictment or information is returned in

a criminal case, the case shall be assigned to the judge whose name appears on the

screen when the appropriate deck is selected. The Clerk shall also stamp on the

indictment, information, complaint or other initial pleading of each case, and on

the file jacket, the number of the case and the name of the judge to whom it is

assigned. The numbering and assignment of each case shall be completed before

processing of the next case is begun. Notwithstanding the foregoing, a civil case,

requiring an emergency hearing, which is filed after normal business hours, shall

not be assigned to a judge until the next business day.

(b) THREE-JUDGE COURT CASES.

Civil, including miscellaneous, cases requested or required to be heard by a Three-Judge

Court shall be randomly assigned to a District Court judge, excluding the Chief Judge.

For the purpose of this Rule, miscellaneous cases that will be randomly assigned will

include, but not be limited to, these proceedings: (a) actions to perpetuate testimony as in

Rule 27, Federal Rules of Civil Procedure; (b) actions to enforce administrative subpoenas

and summonses; (c) proceedings ancillary to an action pending in another district; (d)

supplementary proceedings brought in aid of execution; (e) motions for return of property

in criminal proceedings; and (f) requests for judicial assistance.

(c) BANKRUPTCY MATTERS.

(1) The District Court Local Bankruptcy Rules govern assignment of a motion

to withdraw the reference of a bankruptcy case or proceeding, and govern

assignment of a withdrawn case or proceeding.

(2) Except as provided in paragraph (1) above and LCvR 40.8(b)(2), other

bankruptcy matters requiring the attention of a District Judge, including:

(i) any appeal of a Bankruptcy Court order or judgment;

(ii) any proceeding under Fed. R. Bankr. P. 9033 to consider proposed

findings of fact and conclusions of law issued by the Bankruptcy Court;

and

(iii) any motion relating to a bankruptcy case or proceeding (including,

for example, any motion for a writ of mandamus or prohibition) (which

motion shall be assigned a miscellaneous case number)

shall be randomly assigned.

(d) PRISONER PETITIONS.

Petitions for a writ of habeas corpus and complaints filed pursuant to 42 U.S.C. § 1983

filed by a petitioner incarcerated in the District of Columbia shall be randomly assigned,

except that related petitions from the same petitioner may be assigned to the judge who

received the initial petition after consultation with that judge. Motions filed under 28

U.S.C. § 2255 shall, if possible be assigned to the sentencing judge.

(e) ASSIGNMENT TO VISITING AND SENIOR JUDGES.

Cases may be assigned to visiting and senior judges in accordance with procedures

adopted from time to time by the Calendar and Case Management Committee.

(f) PROCEEDINGS AFTER ASSIGNMENT.

All proceedings in a case after its assignment shall be conducted by the judge to whom

the case is assigned, except as otherwise provided in these Rules. A judge who declares a

mistrial shall retain the case for subsequent proceedings including, where appropriate,

retrial.