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.