Rule 63.Inability of a judicial officer to proceed

Ch. VII: Judgment · Last amended 2020 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 63 lets another judicial officer finish a hearing the first one cannot, on certifying familiarity with the record.

Full Text of Rule 63

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If a trial or hearing has been commenced and the judicial officer is unable to proceed, any other judicial officer 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. The successor 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 judicial officer may also recall any other witness.

End

Amendment History

Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.

[Amended effective September 3, 1996; September 1, 2020.]

Plain-English Summary

Where a trial or hearing has begun and the judicial officer is unable to proceed, any other judicial officer may proceed with it upon certifying familiarity with the record, and on the further terms the rule provides.

The certification is the safeguard. A successor does not simply inherit the case; they must state that they know what has happened in it. A hearing half-heard by someone who has not read the first half would be worse than starting again.

The rule matters more in this court than the single sentence suggests. Family matters return to court repeatedly over years, and hearings are frequently spread across separate days; a rule that let a case stall whenever a judicial officer became unavailable would cost the parties time they cannot get back.

Frequently Asked Questions

What happens if the judge cannot finish my Delaware Family Court hearing?

Any other judicial officer may proceed with it upon certifying familiarity with the record.

Does the hearing have to start over?

Not necessarily. The rule allows a successor judicial officer to continue, subject to the certification and the further terms the rule provides.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 63), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: judge unable to proceed Delawaresuccessor judge Delaware Family CourtFam. Ct. Civ. R. 63