If for any reason, 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 has been returned or findings of fact and conclusions of law have been entered, a successor judge shall be appointed to perform those duties. The successor judge may determine that it is not possible to perform some or all of those duties because the successor judge did not preside over the trial and may order a new trial on some or all issues. Before the successor judge orders a new trial, the parties shall be provided with notice and an opportunity to be heard, and the successor judge must set forth the grounds for a new trial on the record.
Rule 63.Inability of a Judge to Serve
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 63 lets a successor judge finish post-verdict duties when the trial judge becomes unable to serve for any reason, and lets the successor order a new trial on some or all issues — but only after giving notice, a hearing chance, and stating grounds on the record.
Full Text of Rule 63
Amendment History
Amended January 8, 2026, effective February 1, 2026.
Plain-English Summary
Rule 63 addresses what happens when the judge who tried a case cannot finish the job. If, for any reason, that judge is unable to perform the duties left after a verdict is returned or findings of fact and conclusions of law have been entered, a successor judge is appointed to take over those remaining duties.
A successor judge is not required to redo everything. But if the successor decides it is not possible to complete some or all of the remaining duties — often because they did not preside over the trial — the rule lets them order a new trial on some or all of the issues. Before doing so, the successor judge must give the parties notice and an opportunity to be heard, and must state the grounds for a new trial on the record.
Frequently Asked Questions
What kinds of situations trigger a successor judge under Rule 63?
Any reason that leaves the original trial judge unable to perform the duties still owed on a case after a verdict or findings of fact and conclusions of law have been entered. The rule does not limit the reason to illness or death — it covers any circumstance that leaves the judge unable to serve.
Can a successor judge order a completely new trial?
Yes, if the successor judge determines it is not possible to perform some or all of the remaining duties, often because they did not preside at trial. The successor can order a new trial on some or all of the issues.
Does the successor judge need to hold a hearing before ordering a new trial?
Yes. Before ordering a new trial, the successor judge must give the parties notice and an opportunity to be heard, and must set out the grounds for the new trial on the record.
Does Rule 63 apply before a verdict is reached?
No. It applies only after a verdict has been returned or findings of fact and conclusions of law have been entered — that is, once the case has been tried and only post-trial duties remain.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 63). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: successor judgejudge unable to servesubstitute judge after trialjudge unavailable post-trialnew trial after judge change