5.01 For all civil matters, the Clerk of each Circuit shall prepare a stack of shuffled cards containing an equal number of cards designated to both Division I and Division II. The Clerk shall draw from said stack, by chance and anonymously, a card and assign the next civil filing within the jurisdiction of the Circuit Court. This procedure shall be repeated until all of the cards in the stack have been drawn, at which time the Clerk will prepare a new stack to be used in the same manner.

5.02 Refiling: except as otherwise directed by the Court, any case dismissed that is later refiled by the Plaintiffs/Petitioners/Movants against the same Defendant(s)/Respondent(s) will be assigned to the same Division originally assigned.

5.03 For all criminal matters, unless otherwise provided in these rules, indictments returned in odd-numbered months are returned and assigned in Division I, while indictments returned in even-numbered months are returned and assigned in Division II.

5.04 When the Judge of either Division to which a case has been assigned is disqualified, or when in the opinion of the Judges of both Divisions other good and sufficient reasons so require, upon orders signed by the Judges of both Divisions, any matter may be transferred from one Division to the other.

5.05 Should the Grand Jury of the Circuit return an indictment for a Defendant who has a prior indictment pending in the Circuit, upon Motion of the Commonwealth, the Defendant, or at the court's discretion in the interest of judicial economy, the superceding Indictment shall be reassigned to the docket of the Division to which the earliest Indictment was assigned absent good cause shown by the non-moving party.

5.06 If a petition for a writ is filed by a person who has been indicted by the grand jury and the subject matter of the writ involves the charge for which he/she was indicted, the petition shall be assigned to the same Division to whom the criminal case was assigned.

5.07 Regardless of the assignment of an action to a particular Division, the Judge of either may, in the absence of the other, exercise jurisdiction and sign any order or entertain any proceeding requiring immediate attention when the Judge to which said action is assigned is unavailable or incapacitated. However, this rule shall have effect only when, in the interest of justice, a hearing of the pending matter cannot be delayed to the next regular Motion Day or the availability of the regularly assigned judge.