Eighth Judicial Court Rules

Rule 5.99 – Guardianship case management.

Rule 5.99. Guardianship case management.

  • (a) The presiding judge shall reassign guardianship cases and related domestic cases in an effort to provide consistency as follows.

                 (1) If a guardianship case involves a minor:

                      (A) and is over the person, the case shall be reassigned, upon coming on calendar, to the department to which any prior dissolution of marriage or child custody case has been assigned;

                      (B) and is over the estate, the case shall remain assigned to the guardianship judge;

                      (C) and is over the person and the estate, the case shall be reassigned, upon coming on calendar, to the department to which any prior dissolution of marriage or child custody case has been assigned if the estate is in summary administration or the size of the estate is or will likely remain below $5,000.00. Otherwise, the case shall remain assigned to the guardianship judge.

                 (2) If a guardianship case involves an adult:

                      (A) and is over the person, estate, or person and estate, the case shall remain assigned to the guardianship judge unless there is a pre-existing actively litigated domestic case involving the proposed ward or ward. If there is a pre-existing actively litigated domestic case, the guardianship shall be reassigned to the department to which the actively litigated domestic case has been assigned;

                           (i) At the conclusion of a domestic case, the guardianship case shall be reassigned from the department to the guardianship judge.

                 (B) and is over the person, estate, or person and estate, the case shall remain assigned to the guardianship judge if the guardianship pre-existed the filing of the domestic case. The domestic case that is filed subsequent to the guardianship, unless good cause is shown, will be assigned or reassigned to the guardianship judge.

            (3) This rule does not affect the filing of peremptory challenges.

          [Added; effective August 21, 2000.]