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# Rules of Judicial Administration
These Rules should be cited as the Mayfl. Jud. Admin. R. #(#)(Letter/Number). For example, Mayfl. Jud. Admin. R. 1(1)(a) would properly cite the first clause of the first paragraph of Rule 1.

### RULE 1 - SCOPE
These rules, cited as "Mayflower State Rules of General Practice and Judicial Administration have been effect since August 31, 2024. They shall apply to administrative matters in all courts to which the rules are applicable by their terms. The rules shall be construed to secure the speedy and inexpensive determination of every proceeding to which they are applicable. These rules shall supersede all conflicting rules and statutes.

### RULE 2 - DEFINITIONS
The following terms have the meanings shown as used in these rules:
**(a) Court Rule:** A rule of practice or procedure adopted to facilitate the uniform conduct of litigation applicable to all proceedings, all parties, and all attorneys.

**(b) Local Court Rule:**
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(1) A rule of practice or procedure for district application only that, because of local conditions, supplies an omission in or facilitates application of a rule of statewide application and does not conflict therewith.</div><div style="margin-left: 50px;">
(2) A rule that addresses other matters that are required by the charter, general law, rules of court, or an appeals division opinion to be adopted by or in a local rule.</div>
**\(c) Administrative Order:** A directive necessary to administer properly the court's affairs but not inconsistent with the constitution or with court rules and administrative orders entered by the appeals court.

### RULE 3 - PRIORITY OF THE RULES OF THE APPELLATE CT.
The Rules of the Appellate shall control all proceedings in the appellate court and the district courts, and all proceedings in which the state courts exercise their appellate jurisdiction, notwithstanding any conflicting rules of procedure.

### RULE 4 - DISTRICT COURT ADMINISTRATION
**(a) Purpose.** The purpose of this rule is to fix administrative responsibility in the chief judges of the district courts and the other judges that the chief judges may designate. When these rules refer to the court, they shall be construed to apply to a judge of the court when the context requires or permits.

**(b) Chief Judge.**
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(1) The chief judge shall be a district court judge who possesses managerial, administrative, and leadership abilities, and shall be selected without regard to seniority only. The Chief Judge of the State Appellate Court shall select the Chief Judge of a District.</div><div style="margin-left: 50px;">
(2) The chief judge shall be the administrative officer of the courts within the district and shall, consistent with branch-wide policies, direct the formation and implementation of policies, and priorities for the operation of all courts and officers within their district. The chief judge shall exercise administrative supervision over all judges and court personnel within. The chief judge may enter and sign administrative orders, except as otherwise provided by this rule. The chief judge shall have the authority to require that all judges of the court, other court officers, and court personnel comply with all court and judicial branch policies, administrative orders, procedures and administrative plans.</div><div style="margin-left: 50px;">
(3) The chief judge shall maintain liaison in all judicial administrative matters and shall, considering available resources, ensure the efficient and proper administration of all courts within that district. The chief judge shall develop an administrative plan that shall be filed with the state senate and shall include an administrative organization capable of effecting the prompt disposition of cases; assignment of judges, other court officers, and all other court personnel; control of dockets; regulation and use of courtrooms; and mandatory periodic review of the status of the inmates of the county jail. The plan shall be compatible with the development of the capabilities of the judges in such a manner that each judge will be qualified to serve in any capacity, thereby creating a judicial pool from which judges may be assigned to various courts throughout the district. The administrative plan shall include a consideration of the statistical data developed by the case reporting system. Questions concerning the administration or management of the courts of the district shall be directed to the chief judge.</div><div style="margin-left: 50px;">
(4) The chief judge shall assign judges to thedivisions, and shall determine the length of each assignment. The chief judge is authorized to order consolidation of cases, and to assign cases to a judge or judges for the preparation of opinions, orders, or judgments. All judges shall inform the chief judge of any contemplated absences that will affect the progress of the court's business. If a judge is temporarily absent, is disqualified in an action, or is unable to perform the duties of the office, the chief judge or the chief judge's designee may assign a proceeding pending before the judge to any other judge or any additional assigned judge of the same court. The chief judge may assign any judge to temporary service for which the judge is qualified in any court in the same district. The assigned judges shall be subject to administrative supervision of the chief judge for all purposes of this rule. When assigning a judge to hear any type of postconviction or collateral relief proceeding brought by a defendant who has been sentenced to death, the chief judge shall assign to such cases a judge qualified to conduct such proceedings of this rule.</div><div style="margin-left: 50px;">
(5) The chief judge may designate a judge in their district as "administrative judge" of the district to assist with the administrative supervision of the district. The designee shall be responsible to the chief judge, shall have the power and duty to carry out the responsibilities assigned by the chief judge, and shall serve at the pleasure of the chief judge.</div><div style="margin-left: 50px;">
(6) The chief judge may require the attendance of prosecutors, public defenders, clerks, bailiffs, and other officers of the courts, and may require from the clerks of the courts, sheriffs, or other officers of the courts periodic reports that the chief judge deems necessary.</div><div style="margin-left: 50px;">
(7) The chief judge shall regulate the use of all court facilities, regularly examine the dockets of the courts under the chief judge's administrative supervision, and require a report on the status of the matters on the dockets. The chief judge may take such action as may be necessary to cause the dockets to be made current. The chief judge shall monitor the status of all postconviction.</div><div style="margin-left: 50px;">
(8) The chief judge or the chief judge's designee shall regularly examine the status of every inmate of the county jail.</div><div style="margin-left: 50px;">
(9) The chief judge may authorize the clerks of courts to maintain branch district court facilities. When so authorized, clerks of court shall be permitted to retain in such branch court facilities all district court permanent records of pending cases, and may retain and destroy these records in the manner provided by law.</div><div style="margin-left: 50px;">
(10) At the call of the chief justice, the chief judges of all judicial districts and the chief justice shall meet on a regular basis and with each other to discuss and provide feedback for implementation of policies and practices that have statewide impact including, but not limited to, the judicial branch's management, operation, strategic plan, legislative agenda and budget priorities. Such meetings shall, if practicable, occur at least quarterly and be conducted in person. At the discretion of the chief justice, any of these meetings may be combined with other judicial branch and leadership meetings.</div><div style="margin-left: 50px;">
(11) A chief judge may be removed by the chief appellate judge, acting as the administrative supervisor of all courts, or may be removed by a two-thirds vote of the active judges. A chief judge who is to be temporarily absent shall select an acting chief judge from among the district court judges. If a chief judge dies, is community removed, retires, fails to appoint an acting chief judge during an absence, or is unable to perform the duties of the office, the Chief Appellate Judge shall appoint a district court judge to act as chief judge during the absence or disability, or until a successor chief judge is otherwise appointed to serve the unexpired term. When the office of chief judge is temporarily vacant pending action within the scope of this paragraph, the duties of court administration shall be performed by the district court judge having the longest continuous service as a judge or by another district court judge designated by that judge.</div>

<br>**\(c) District Court Administrator.** Each district court administrator shall be selected or terminated by the chief judge subject to concurrence by a majority vote of district court judges.
**(d) Local Rules and Administrative Orders.** Local court rules may be proposed by a majority of the district court judges in the court. The judges shall notify the state bar of the proposal. When a proposed local rule is proposed, it shall go into effect after a forty-eight hour public comment period and ratification of the majority of all district court judges.
**(e) Duty to Rule within a Reasonable Time.** Every judge has a duty to rule upon and announce an order or judgment on every matter submitted to that judge within a reasonable time. Each judge shall maintain a log of cases under advisement and inform the chief judge of the district at the end of each calendar month of each case that has been held under advisement for more than 20 days.
**(f) Duty to Expedite Priority Cases.** Every judge has a duty to expedite priority cases to the extent reasonably possible. Priority cases are those cases that have been assigned a priority status or assigned an expedited disposition schedule by statute, rule of procedure, case law, or otherwise.

### RULE 5 - TIME STANDARDS FOR THE DISTRICT AND APPELLATE COURT
**(a) Time Standards.** The following time standards are hereby established as a presumptively reasonable time period for the completion of cases in the trial and appellate courts of this state. It is recognized that there are cases that, because of their complexity, present problems that cause reasonable delays. However, most cases should be completed within the following time periods:
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(1) <b>Trial Court Time Standards.</b>
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<div style="margin-left: 105px;"><b>(A) Criminal.</b></div>
<div style="margin-left: 138px;">Felony - 35 days</div>
<div style="margin-left: 138px;">Misdemeanor - 20 days</div>

<div style="margin-left: 105px;"><b>(B) Civil.</b></div>
<div style="margin-left: 138px;">20 days (docketing to final disposition)</div>

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(2) <b>Appellate Court Time Standards.</b>
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<div style="margin-left: 85px;">Rendering a decision - within 40 days of either oral argument or the submission of the case to the court panel for a decision without oral argument</div>

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(3) <b>State Bar Referee Time Standards.</b> </div>
<div style="margin-left: 85px;">Report of referee - within 15 days of being assigned to hear the case. </div>
R

### RULE 6 - STATEWIDE GRAND JURY
**(a) Procedure.** The chief judge shall cause a list of those persons whose names certified for jury duty in their judicial district. The lists shall be taken from the male and female population having the other constitutional and statutory qualifications for jury duty in this county. From the lists so compiled, the chief judge shall cause to be selected, by lot and at random, and by any authorized method. The lists from which the names are drawn may be, but are not required to be, the same lists from which petit and grand juries are drawn in each county.

**(b) Excuses.**
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(1) The chief judge of a judicial district shall determine whether a prospective grand juror fails to meet the qualifications of a juror in the county where the person resides. The determination shall be made only for those prospective grand jurors who contact the chief judge and request disqualification.</div>
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(2) The chief judge of a judicial district shall excuse any prospective grand juror who requests and is qualified for exemption from grand jury service pursuant to general law, or from service as a juror in the county where the person resides. The chief judge shall inform the judge appointed to preside over the statewide grand jury without delay of any determination.
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### RULE 7 - JUROR TIME MANAGEMENT
**(a) Optimum Use.** The services of prospective jurors should be employed so as to achieve optimum use with a minimum of inconvenience to jurors.
**(b) Minimum Number.** A minimally sufficient number of jurors needed to accommodate grand jury activity should be determined. This information and appropriate management techniques should be used to adjust both the number of individuals summoned for grand jury duty and the number assigned to jury panels, consistent with any administrative orders issued by the Chief Judge.
**\(c) Calendar Coordination.** Jury management and calendar management should be coordinated to make effective use of jurors.

### RULE 8 - DISQUALIFICATION OF TRIAL JUDGES
**(a) Application.** This rule applies only to judges and justices in all matters in all levels of court when acting alone as the sole judicial officer in a trial or appellate proceeding. It does not apply to appellate-level judges, or district court judges sitting on a multi-judge appellate panel.
**(b) Parties.** Any party, including the state, may move to disqualify the judge assigned to the case on grounds provided by rule, statute, Code of Judicial Conduct, or general law, and in accordance with the procedural provisions of this rule.
**\(c) Motion.** A motion to disqualify shall:
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(1) be in writing; </div><div style="margin-left: 55px;">
(2) allege specifically the facts and reasons upon which the movant relies as the grounds for disqualification, and identify the precise date when the facts constituting the grounds for the motion were discovered by the party or the party's counsel, whichever is earlier; </div><div style="margin-left: 55px;">
(3) be sworn to or affirmed by the party by signing the motion or by attaching a separate affidavit; </div><div style="margin-left: 55px;">
(4) include the dates of all previously granted motions to disqualify filed under this rule in the case and the dates of the orders granting those motions; and </div><div style="margin-left: 55px;">
(5) include a separate certification by the attorney for the party, if any, that the motion and the client's statements are made in good faith.</div>

<br>**(d) Grounds.** A motion to disqualify shall set forth all specific and material facts upon which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances:
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(1) the party reasonably fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge; or</div><div style="margin-left: 55px;">
(2) The judge served as a lawyer or was the judge in the matter in controversy, or a lawyer with whom the judge previously practiced law served during such association as a lawyer concerning the matter; or</div><div style="margin-left: 55px;">
(3) The judge has prior personal knowledge of or bias regarding disputed evidentiary facts concerning the proceeding.</div>

<br>**(e) Prohibition against Creation of Grounds for Disqualification Based Upon Appearance of Substitute or Additional Counsel.** Upon the addition of new substitute counsel or additional counsel in a case, the party represented by such newly appearing counsel is prohibited from filing a motion for disqualification of the judge based upon the new attorney's involvement in the case. This subdivision shall not apply, however, to a motion to disqualify a successor judge who was not the presiding judge at the time of the new attorney's first appearance in the case.

**(f) Time.** A motion to disqualify shall be filed within a reasonable time not to exceed 5 days after discovery by the party or party's counsel, whichever is earlier, of the facts constituting the grounds for the motion. The motion shall be promptly served on the subject judge as set forth in subdivision (d). Any motion for disqualification made during a hearing or trial must be based on facts discovered during the hearing or trial and may be stated on the record, provided that it is also promptly reduced to writing in compliance with subdivision \(c)(1) and promptly filed. A motion made during hearing or trial shall be ruled on immediately.

**(g) Determination - Initial Motion.** The judge against whom an initial motion to disqualify under subdivision (e) is directed may determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged. If any motion is legally insufficient, an order denying the motion shall immediately be entered. No other reason for denial shall be stated, and an order of denial shall not take issue with the motion. If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action. Such an order does not constitute acknowledgement that the allegations are true.

**(h) Determination - Successive Motions.** If a judge has been previously disqualified on motion for alleged prejudice or partiality under subdivision (e), a successor judge cannot be disqualified based on a successive motion by the same party unless the successor judge rules that he or she is in fact not fair or impartial in the case. Such a successor judge may rule on the truth of the facts alleged in support of the motion.

**(i) Prior Rulings.** Prior factual or legal rulings by a disqualified judge may be reconsidered and vacated or amended by a successor judge based upon a motion for reconsideration, which must be filed within 5 days of the order of disqualification, unless good cause is shown for a delay in moving for reconsideration or other grounds for reconsideration exist.

**(j) Recusal Upon Judge's Initiative.** Nothing in this rule limits the judge's authority to enter an order of recusal.

**(k) Time for Determination.** The judge against whom the motion for disqualification has been filed shall take action on the motion immediately, but no later than 5 days after the service of the motion as set forth in subdivision (d). If the motion is not denied within 5 days of service, the motion is deemed granted and the moving party may seek an order from the court directing the clerk to reassign the case.

### RULE 9 - THE MANDATORYMORALE CLAUSE
During any judicial proceeding, robes worn by a judge must be solid black. This is due to the simple reason that other color robes are ugly.

The Chief Justice or Chief Judge of a judicial district may authorize alternative judicial attire for wear during sealed hearings, in chambers, or during special occasions, such as holidays.

### RULE 10 - POSSESSION OF COURT RECORDS
No person other than judges and authorized court employees shall remove court records from the clerk's office except by order of the chief judge upon a showing of good cause.

### RULE 11 - "MARSY'S LAW" CRIME VICTIM INFORMATION WITHIN COURT FILING
**(a) Scope and Purpose.** "Marsy's Law," the following rule shall govern public access to and the protection of the records of the judicial branch of government in criminal cases as it pertains to confidential crime victim information. This rule shall be interpreted to be consistent with the scope and purpose of these rules.

**(b) Definitions.**
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(1) "Confidential crime victim information" means any information contained within a court record that could be used to disclose confidential or privileged information of the victim.</div><div style="margin-left: 55px;">
(2) "Crime" and "criminal" include delinquent acts and conduct.</div><div style="margin-left: 55px;">
(3) A "victim" is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term "victim" does not include the accused.</div>
<br>

**\(c) Confidential and Exempt Records.** Confidential crime victim information is determined to be confidential on the grounds that confidentiality is required to comply with statute.

### RULE 12 - ATTORNEYS
**(a) Scope and Purpose.** All persons in good standing as members of The Mayflower State Bar shall be permitted to practice in the State. Attorneys of other states who are not members of The Mayflower State Bar in good standing shall not engage in the practice of law in the State unless they possess provisional licensure or are admitted pro hac vic.

**(b) Persons Employed by the Court.** Except as provided in this subdivision, no full-time employee of the court shall practice as an attorney in any court or before any agency of government while continuing in that position. Any attorney designated by the chief judge may represent the court, any court employee in the employee's official capacity, or any judge in the judge's official capacity, in any proceeding in which the court, employee, or judge is an interested party. An attorney formerly employed by a court shall not represent anyone in connection with a matter in which the attorney participated personally and substantially while employed by the court, unless all parties to the proceeding consent after disclosure.

**\(c) Attorney Not to Be Surety.** No attorneys or other officers of court shall enter themselves or be taken as bail or surety in any proceeding in court.

**(d) Stipulations.** No private agreement or consent between parties or their attorneys concerning the practice or procedure in an action shall be of any force unless the evidence of it is in writing, subscribed by the party or the party's attorney against whom it is alleged. This rule shall not apply to settlements or other substantive agreements.

**(e) Appearance of Attorney.** An attorney may appear for a party in an action or proceeding in any of the following ways:
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(1) First Pleading or Document. Signing the first pleading or other document filed on behalf of a party.</div><div style="margin-left: 55px;">
(2) Notice of Appearance. Filing a notice of appearance on behalf of a party.</div><div style="margin-left: 55px;">
(3) Order on Substitution of Counsel. Filing of a written order by the court, that reflects written consent of the client. The court may condition substitution of counsel upon payment of or grant of security for the substituted attorney's fees and expenses or upon such other terms as may be just.</div><div style="margin-left: 55px;">
(4) Notice of Substitution of Counsel. Filing a notice of substitution of counsel when the substituting attorney is from the same law firm, company, or governmental agency as the replaced attorney.</div><div style="margin-left: 55px;">
(5) Notice of Limited Appearance. Filing a notice of limited appearance as permitted by another rule of court.</div><div style="margin-left: 55px;">
(6) Appearance as Stand-In Counsel. Appearing as stand-in counsel pursuant to subdivision (g).</div>
<br>

**(f) Termination of Appearance of Attorney.** An appearance of an attorney for a party in an action or proceeding shall terminate only upon:

<div style="margin-left: 55px;">
(1) Withdrawal of Attorney. A written order of the court after hearing upon a motion setting forth reasons for withdrawal and the client's last known address, telephone number, and e-mail address.</div><div style="margin-left: 55px;">
(2) Substitution of Attorney. Substitution of counsel pursuant to subdivision (e)(3) or (e)(4).</div><div style="margin-left: 55px;">
(3) Termination of Proceeding. Termination of an action or proceeding and expiration of any applicable time for appeal when no appeal is taken, without any further action of the court unless otherwise required by another rule of court.</div><div style="margin-left: 55px;">
(4) Termination of Post-Judgment Appearances.</div><div style="margin-left: 55px;">
(5) In non-criminal matters in which an attorney has appeared after entry of judgment, filing of a notice of termination of appearance.</div><div style="margin-left: 55px;">
(6) In matters governed by the rules of criminal or juvenile procedure in which an attorney has appeared after entry of a judgment, entry of a written order of the court after hearing upon a motion setting forth the reasons for withdrawal.</div><div style="margin-left: 55px;">
(7) Termination of Limited Appearance. Filing a notice of termination of limited appearance in an action or proceeding in which an attorney has filed a notice of limited appearance pursuant to subdivision (e)(5).</div><div style="margin-left: 55px;">
(8) Termination of Hearing. Conclusion of a hearing or proceeding in which an attorney has appeared as stand-in counsel pursuant to subdivision (g).</div>

<br>**(g) Stand-In Counsel.** An attorney may stand in for another attorney to cover a proceeding or hearing only if a notice of stand-in counsel is filed or the appearance of stand-in counsel is reflected on a record maintained by the court or by the clerk of court. A stand-in attorney from the same law firm, company, or governmental agency as an attorney of record is not required to file a notice of stand-in counsel.

**(h) Attorney as Agent of Client.** An attorney appearing in an action or proceeding pursuant to subdivisions (e)(1)-(e)(6) is the agent authorized to bind the client for purposes of the action, hearing, or proceeding.

**(i) Attorney of Record.** An attorney appearing in an action or proceeding pursuant to subdivisions (e)(1)-(e)(5) is an attorney of record for the party for the matters specified.

<h1 style="font-size:0.6vw"><center>Published and revised on November 25, 2024 by GlassAutarch.</center></h1>