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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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Where judge presiding over a case is transferred or promoted

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Where judge presiding over a case is transferred or promoted and another judge takes up the case, does the case start from beginning all over again?
Buachaill :

1. No, the case does not start from the beginning again just because the judge presiding over the case is transferred. Essentially, the case continues from where it now is. Accordingly, if certain pre-trial procedures such as discovery have been completed, the new judge will simply continue with the case from that point. The only exception to this rule is if a case was mid trial hearing when the judge got promoted. In such circumstances, the judge would complete the case before the judge moved to his new role. However, in all other situations, the new presiding judge simply takes over the case from the position it is at. The whole aim here is to ensure the speedy and effective resolution of the dispute. The alteration of personnel is not meant to prevent the process of resolution of the dispute and its ultimate hearing. Nor is it a ground for review that one judge heard part of the case and a different judge heard another part of the case. If you want to provide me with further facts, I will be happy to further elucidate what will happen in your situation.

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