Rule 40.Assignment of Cases for Trial
Last verified July 1, 2026
Full Text of Rule 40
Plain-English Summary
Rule 40 is short because its job is narrow. It gives the judges of a court the authority to set up their own system for scheduling cases for trial, deciding the order cases are heard in, and rescheduling them when needed. It does not create rights for the parties or set deadlines; it is about how the court manages its calendar.
Because each court can handle this differently, parties should look to local orders or rules for the specifics of how their case will be scheduled, instead of expecting Rule 40 itself to answer that question.
Frequently Asked Questions
Does Rule 40 tell me when my trial will be scheduled?
Not directly. Rule 40 gives the judges of the court the power to set up the process for scheduling and ordering trials; the actual scheduling details come from the court’s own orders or local rules.
Can a court change the order in which cases are set for trial?
Yes. Rule 40 allows the judges to determine the order in which cases are heard and to reset that order as needed.