(a) Before Trial. If by reason of death, sickness or other disability, a judge before whom an action is pending is unable to perform the duties to be performed by the court under these rules prior to the beginning of the trial or hearing, then any other judge of the court assigned by the presiding judge of the judicial district where the action is pending or by the chief justice of the supreme court may perform those duties.
Rule 63.Disability of a Judge.
Last amended July 15, 1994 · Last verified July 6, 2026
In one sentenceRule 63 lets another judge step in and finish a case when the judge originally handling it becomes unable to continue because of death, sickness, or other disability, with different rules depending on how far the case has progressed.
Full Text of Rule 63
(b) During Trial. If by reason of death, sickness or other disability, a judge before whom an action is pending is unable to perform the duties to be performed by the court under these rules after the trial or hearing of the action has commenced, then any other judge of the court, assigned by the presiding judge of the judicial district where the action is pending or by the chief justice of the supreme court, may perform those duties, as if such other judge had been present and presiding from the commencement of such trial or hearing; provided, however, that from the beginning of the taking of testimony at such trial or hearing a stenographic or electronic recording of the proceedings shall have been made so that the judge so continuing may become familiar with the previous proceedings.
(c) After Verdict, etc. If by reason of death, sickness or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after a verdict is returned or findings of fact and conclusions of law are filed, then any other judge of the court, assigned by the presiding judge of the judicial district where the action has been tried or by the chief justice of the supreme court, may perform those duties; but if that judge is satisfied that that judge cannot perform those duties because the judge did not preside at the trial or for any other reason, that judge may grant a new trial.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 1153 effective July 15, 1994)
Plain-English Summary
If a judge can't continue before a trial or hearing even begins, the presiding judge or the chief justice can assign another judge to take over. If a judge becomes unable to continue after the trial or hearing has already started, another assigned judge can pick up where it left off and act as if that judge had presided from the beginning — but only if a stenographic or electronic recording has been made of the proceedings from the start of the testimony, so the new judge can get up to speed on what's already happened. And if a judge becomes unable to act after the jury has returned a verdict or findings and conclusions have been filed, another assigned judge can still finish the job, but if that replacement judge decides — because of not having presided at trial or for any other reason — that finishing it properly isn't possible, that judge can order a new trial instead.
Frequently Asked Questions
What happens if the judge assigned to my case becomes too ill to continue?
The presiding judge or chief justice assigns another judge to take over, and how that works depends on whether the trial has already begun.
Can a new judge take over in the middle of a trial?
Yes, but only if a stenographic or electronic recording of the proceedings has been made from the start of the testimony, so the new judge can review what's already happened.
Can a replacement judge order a new trial instead of finishing the case?
Yes — if the replacement judge decides finishing the case properly isn't possible, whether because of not having presided at trial or for some other reason, that judge can grant a new trial.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 63). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: substitute judge Alaska civil casejudge unable to continue trial Alaskadisability of a judge Alaska ruleAlaska R. Civ. P. 63