Rule 3.3.Exclusive Control; Transfer of Case Assignment to Another Judge
Rule 3. ASSIGNMENT OF CASES AND ACTIONS · Last amended 2021 · Last verified July 17, 2026
In one sentenceRule 3.3 gives the assigned judge exclusive control over a case, permits transfer to another judge only by written order and with the receiving judge’s consent, and forbids a judge who knows of a fact requiring recusal or remittal of recusal from transferring the case away instead of addressing recusal under Rule 25.
Full Text of Rule 3.3
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(A) The judge to whom any action is assigned shall have exclusive control of such action, except as provided in these rules, and no person shall change any assignment except by written order of the judge affected and as provided in these rules. In this regard an assigned judge may transfer an assigned action to another judge with the latter’s consent in which event the latter becomes the assigned judge.
(B) A judge shall not transfer an action to another judge when the transferring judge has knowledge of any fact that requires remittal of recusal or recusal of the transferring judge under Rule 25 of these rules.
Plain-English Summary
Once a case has an assigned judge, Rule 3.3 keeps control of that case with that judge. No one can change the assignment except by written order of the judge affected, and only as these rules otherwise provide. Within that framework, an assigned judge may still transfer a case to a colleague, but only with the receiving judge’s consent — once that consent is given, the receiving judge becomes the new assigned judge.
Rule 3.3(B) closes off a way that mechanism could be misused. A judge who already knows of a fact requiring remittal of recusal, or requiring the judge’s own recusal, cannot transfer the case to someone else instead of handling that recusal issue under Rule 25. The transfer tool is for managing caseloads and workflow between judges, not for sidestepping the recusal process a fact like that would otherwise trigger.
Frequently Asked Questions
Who has exclusive control over an action once it is assigned?
The judge to whom the action is assigned, except as otherwise provided in these rules.
How can an assigned judge transfer a case to a different judge?
Only with the consent of the judge who would receive the case; once that consent is given, the receiving judge becomes the assigned judge.
What form must a change in case assignment take?
A written order of the judge affected, entered as these rules provide.
Can a judge transfer a case away instead of recusing when recusal is required?
No. Rule 3.3(B) bars a judge from transferring an action when that judge already knows of a fact requiring remittal of recusal or recusal under Rule 25.
When was Rule 3.3 last amended?
March 9, 1989, and February 25, 2021.
Amendment History
Amended effective March 9, 1989; February 25, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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