If a trial or hearing has been commenced and the judge is unable to proceed, any other judge may proceed with it upon certifying familiarity with the record and determining that the proceedings in the case may be completed without prejudice to the parties. In a hearing or trial without a jury, the successor judge shall at the request of a party recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness.
Rule 63.Inability of a judge to proceed.
Last verified July 6, 2026
In one sentenceRule 63 keeps a civil trial or hearing from collapsing because the judge presiding over it becomes unable to finish, letting a successor judge step in and complete the case after certifying familiarity with the record and confirming the parties will not be prejudiced, while preserving each side's right to have key disputed witnesses recalled in a nonjury proceeding.
Full Text of Rule 63
(dc) District court rule. Rule 63 does not apply in the district courts.
Amendment History
[Amended eff. 10-1-95.]
Committee Comments
Committee Comments on 1973 Adoption
The rule, identical with Federal Rule 63, covers all the duties of the court after verdict or findings of fact and conclusions of law. See generally, 7 Moore’s Federal Practice, ¶¶ 63.01-63.06 (2d ed. 1971); 3 Barron & Holtzoff, Federal Practice and Procedure, § 1391 (1958).
Committee Comments to October 1, 1995, Amendment to Rule 63
The amendment incorporates the present version of F.R.Civ.P. 63. Under former Ala. R. Civ. P. 63, provision was made for the disability of a judge. The revised rule addresses disability, disqualification, or other reasons for withdrawal. It also permits the successor judge to act at an earlier stage in the proceedings, if necessary.
Plain-English Summary
Rule 63 addresses a narrow but practical problem: what happens when the judge handling a trial or hearing cannot see it through to the end. Rather than forcing the parties to start over, the rule allows any other judge to pick up where the first judge left off, provided that successor judge certifies familiarity with the record and determines the remaining proceedings can be completed without prejudice to the parties. Those two conditions work together, requiring both knowledge of what has already happened in the case and an honest assessment that finishing the case with a new judge will not shortchange either side.
The rule adds a specific protection for nonjury proceedings. If a party asks, the successor judge must recall any witness whose testimony is both material and disputed, so long as that witness remains available to testify again without undue burden. This ensures that credibility calls on contested testimony are not made by a judge who never watched the witness testify, when recalling that witness is realistically possible. The successor judge also retains discretion to recall any other witness, even one whose testimony was not material or disputed, if doing so would help complete the case fairly.
Rule 63 does not specify why the original judge became unable to proceed, leaving room for any number of reasons a judge might be unable to finish a case that is already underway. The rule does not apply in the district courts.
Frequently Asked Questions
What must a successor judge do before taking over a trial or hearing under Rule 63?
The successor judge must certify familiarity with the record and determine that the remaining proceedings can be completed without prejudice to the parties.
Can a party demand that a witness be recalled when a new judge takes over a nonjury case?
Yes, if the witness’s testimony is material and disputed and the witness is available to testify again without undue burden, the successor judge must recall that witness upon a party’s request.
Does Rule 63 let the successor judge recall witnesses beyond those a party specifically requests?
Yes. The successor judge may also recall any other witness on their own, beyond the witnesses a party is entitled to have recalled.
Does Rule 63 apply to trials that have not yet started?
The rule addresses a trial or hearing that has already been commenced, so it is aimed at situations where proceedings are underway and the presiding judge becomes unable to continue.
Does Rule 63 apply in the district courts?
No. Rule 63 does not apply in the district courts.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 63). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: substitution of judge mid-trialsuccessor judgejudge unable to proceedrecall of witnessesAla. R. Civ. P. 63