US · rules
D.N.H. LR 40.2
Assignment of Remanded Cases
Cases remanded from the First Circuit shall be assigned as follows, unless the appellate mandate
directs otherwise, or unless the judge originally assigned finds that the interests of justice or the
appearance of justice warrant reassignment of the case to another judge, after giving due
consideration to the rights and convenience of the parties, the conservation of litigant and
judicial resources, and the fair and expeditious administration of justice:
(a) Further Proceedings. A case remanded for further proceedings following the vacation
of any pretrial order or judgment shall be assigned to the judge who acted in the matter.
(b) Nonjury Trial. A case remanded for a new nonjury trial shall be assigned to a judge
other than the judge who conducted the earlier nonjury trial unless remand was predicated
solely on errors of law.
(c) Jury Trial. A case remanded for a new jury trial shall be assigned to the judge who
conducted the earlier jury trial.
(d) Resentencing. A case remanded for resentencing shall be assigned to the judge who
imposed the vacated sentence.
Provenance
- Source
- www.nhd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
26ca21b6c9a39b7442586dbdbeea9f279d35b57c85d52e2a9103060fb6eb50f9
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