Rule 63.Judge’s inability to proceed.

Judges sometimes cannot finish a case they started — because of illness, recusal, or another disruption — and Rule 63 lets a successor judge step in without forcing the parties to start over. The new judge must certify familiarity with the existing record and determine that the case can be completed without prejudicing either party. In a hearing or a nonjury trial, if a party asks, the successor judge must recall any witness whose testimony is both material and disputed and who remains available without undue burden, and the judge also has discretion to recall any other witness even without a request.

This rule strikes a balance between judicial efficiency and fairness: it avoids the expense and delay of a full restart while preserving each party's ability to have disputed, material testimony evaluated directly by the judge who will decide the case.