40.1 Assignment of Cases to Tracks

(a) Assignment

All cases shall be assigned to one of the following tracks:

(1) Administrative

This track is for cases in which discovery is not permitted unless prior approval is obtained from the court.  Such cases include habeas corpus cases, Social Security disability cases, government collections of student loans and Veterans Affairs benefits, special education appeals, bankruptcy appeals, and cases that can be resolved on the filings or by motion.  The court will ordinarily resolve these cases within six (6) months after they are ripe for decision.

(2) Expedited

This track is for cases in which the parties have agreed to try the case within six (6) months of the preliminary pretrial conference.  Cases are assigned to this track subject to the approval of the court.  In determining whether a case should be assigned to the expedited track, the court will consider such factors as the complexity of the legal issues, the number of witnesses, the estimated length of the trial, and the suitability of the case for alternative dispute resolution.  Ordinarily, the court will not assign a case to this track unless it can be tried in fewer than five (5) days.  In the event that the assigned judge is unable to try the case as scheduled, the case will be reassigned to any other available judge.

(3) Standard

This track is for cases that do not fall within any of the other three tracks.  These cases will be tried within twelve (12) months of the preliminary pretrial conference. 

(4) Complex

This track is for cases that require special management by the court due to one or more of the following factors:  complex factual issues, complex legal issues, large number of parties, large volume of evidence, extensive discovery, substantial time needed to prepare for trial or other disposition, numerous or complex preliminary issues that must be decided before trial or disposition, length of trial, and other comparable factors.  Cases on this track will be scheduled for trial within two (2) years of the preliminary pretrial conference.

(b) Time of Assignment

The clerk's office will assign cases on the administrative track at time of filing.  The court will assign all other cases to a track at the preliminary pretrial conference or in the order approving the discovery plan.

History

(§ (a)(3) amended 1/1/97; § (b) amended 1/1/00)