Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?
If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted motions need to be resubmitted and, if so, what is the deadline to do so?
A: Generally, reassignment of a case does not mean it starts all over again. That goes for motions which were filed and presumably decided already. The rulings are considered the law of the case. Essentially, the new judge picks up where the former judge left off.
A: When a case is reassigned, its earlier history follows. Motions that have been filed and decided should stand as part of the case disposition. For pending motions that might have been filed before the reassignment, any other activity that might be pending. open, or unknown, the clerk(s) may be able to offer more definitive guidance than is possible in a general public forum. Good luck
A: If the order is telling you to renotice the motion, then do so, even if the motion was already electronically filed. As for the deadline to do so, probably sooner rather than later and in accordance with any standing discovery orders. You can always try contacting the Judge's secretary or law clerk - just check the district court judge's individual rules and practices. Most require any communication to be in writing.
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