56.4      Assignment of cases to judges

1. New criminal cases - Upon the filing of an initial indictment or information, the clerk must assign the case the next sequential number.  The case must be assigned to a district judge by automated means at random, in the proportions established from time to time by administrative order.
2. Exceptions
   
   1. Refilings - If a case is dismissed and later refiled, either in the same or similar form, upon refiling it shall be assigned or transferred to the judge to whom it was originally assigned.
   2. Subsequent proceedings - Post-conviction proceedings in criminal cases (including motions under section 2255 and proceedings to modify or revoke probation or supervised release) shall be assigned to the judge who sentenced the defendant, if that judge is still hearing cases.
   3. Related cases
      
      1. Definition - Cases are deemed related when:
         (1) a superseding indictment or information has been filed; or
         (2) any other indictment or information is pending against the same defendant(s); or
         (3) an indictment or information charges contempt of court or other crime arising from alleged violation of an order entered in a previous case; or
         (4) an indictment is returned against a defendant who is then on probation or supervised release to a judge, provided the new case involves only the same defendant; or
         (5) two or more cases are based upon a substantial common nucleus of facts, events, or transactions.
      2. Determination - When it appears to the United States attorney that two or more cases may be related cases, the United States attorney shall file at the earliest practicable time a statement in all affected cases, describing the basis for concluding that the cases may be related.  The duty magistrate judge shall promptly determine whether the cases are related.  If related, the cases will be assigned to the same judge.  If cases are found to be related cases after assignment to different judges, they may be reassigned by the Chief Judge to the judge having the related case earliest filed.
3. Miscellaneous docket - The miscellaneous docket of the court shall be conducted and assigned at random to a magistrate judge at the time of filing, and it shall include all grand jury matters.  If a miscellaneous docket matter requires proceedings conducted before a district judge, the case will be randomly reassigned to a district judge.  If a miscellaneous matter is reassigned to a district judge because the matter is contested, a new civil action number will be assigned.
4. Effect - This rule is intended to provide for an orderly division of the business of the court and not to grant any right to any litigant.
5. Duty of parties - All parties shall notify the court in writing of all pending related cases and any dismissed or remanded prior cases.