(a) Definitions. For the purpose of these rules—
judge" means the judge assigned to perform the duties of emergency judge
specified by any local rule or procedure adopted by the Court,
magistrate judge" means the magistrate judge assigned to perform the
duties of emergency magistrate judge specified by any local rule or procedure
adopted by the Court, and
matter" means a matter of such a nature that the delay in hearing it
that would result from its being treated as any other matter would cause
serious and irreparable harm to one or more of the parties to the proceeding
provided that requests for continuances or leave to file briefs or
interrogatories in excess of the limits prescribed by these rules will
normally be entertained as emergency matters only during the summer sessions,
session" means the fourteen-week period beginning on the first Monday in
(b) Duties of Emergency Judge. The emergency judge is responsible for hearing all emergency
matters not previously assigned to a judge of this Court that arise outside
of the regular business hours of the Court, except for discovery motions as
set forth in subsection (c) below.
During regular office hours other than in the summer session,
the emergency judge will not hear emergency matters arising out of the cases
assigned to the calendar of another judge where that judge is sitting, except
on approval of the chief judge at the request of the judge to whom the case
is assigned. The emergency judge will also hear the following matters or
preside at the following ceremonies:
(1) petitions for
admission brought by attorneys wishing to be admitted to practice before the
(2) requests for review
or de novo determinations of matters directly assigned to the duty magistrate
brought pursuant to LCrR50.4;
(3) petitions presented
by the United States Immigration and Naturalization Service;
(4) ceremonies for the
mass admission of attorneys to the bar of this Court; and
(5) ceremonies for the
administration of the oath of allegiance to newly naturalized citizens.
(c) Any emergency matter
involving discovery or requests for protective orders that would otherwise be
brought before the emergency judge are referred and shall be brought before
the magistrate judge assigned to the case (or the emergency magistrate judge
when the assigned magistrate judge is not sitting).
(d) Duties of Emergency Magistrate Judge. The emergency magistrate judge is responsible
for hearing any emergency matter arising in a case referred or assigned to a
magistrate judge when that magistrate judge is not sitting.
(e) Western Division. A party in a case filed in or to be filed in the Western
Division with an emergency matter should first contact the active Western
Division district judge, or in that judge’s absence, the Western Division
magistrate judge who has been designated to be the duty magistrate judge in
the Western Division. If neither can be reached, then the emergency judge is
authorized to handle the matter.
Committee Comment. In general, matters are to be presented to the judge to whom
the case is assigned. Under procedures adopted by the Court, if a judge anticipates
being absent temporarily, that judge will designate another judge to hear the
absent judge's call. The name of the designated judge is posted on the door
of the courtroom regularly used by the absent judge. It is also posted on the Court’s website.
If the absent judge did not designate another judge or where
both the absent judge and the designated judge are unavailable, an emergency
matter can then be taken before the emergency judge. If the emergency judge
should also be unavailable, the matter can be brought to the attention of the
chief judge. The chief judge is the chairperson of the Executive Committee,
the Court's calendar committee. In that role the chief judge can instruct the
parties as to which judge should hear the matter.
While emergency matters arising outside of regular business
hours are rare, it is not unusual that a party can anticipate that happening.
An example is ongoing negotiations which, if they do not reach agreement,
will lead one of the parties to seek injunctive relief and the negotiations
must be concluded by a point in time that lies outside of regular business
hours, e.g., midnight on a Saturday. In such instances the party should make
every effort to contact the chambers of the emergency judge and inform staff
of the potential emergency. In this way arrangements can be made that will
give greater assurance that the emergency judge will be available in the
event that the emergency matter does in fact occur. If an emergency matter
occurs outside of regular business hours and the party has not made prior
arrangements with the emergency judge, a telephone number is posted on the
Court’s website for contacting a member of the staff of the emergency judge.
Amended December 22, 2015 and March 22, 2019