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
Part VII: Judgment · Last amended December 1, 1993 · Last verified July 28, 2026
In one sentenceRule 63 lets a different judge take over a trial or hearing already underway when the original judge can't continue, once that judge certifies familiarity with the record and finds the case can proceed without prejudice, and requires recalling a disputed, material witness in a nonjury case on request.
Full Text of Rule 63
Amendment History
Amended, effective Jan. 1, 1991; Dec. 1, 1993.
Plain-English Summary
Rule 63 answers a narrow but practical problem: a judge starts a trial or hearing and then, for whatever reason, can't finish it. Any other judge may step in and proceed with the case, but only after certifying familiarity with the record and determining that the remaining proceedings can be completed without prejudice to the parties. That certification is the gatekeeper — a successor judge can't pick up a case cold and rule on it as if nothing changed.
In a hearing or trial without a jury, Rule 63 gives the parties a specific protection: if a party asks, the successor judge must recall any witness whose testimony is both material and disputed and who remains available to testify again without undue burden. That safeguards a party's ability to have live testimony evaluated by the judge who will decide the case, at least where the testimony matters and is contested. The successor judge also has discretion to recall any other witness, disputed or not, material or not.
Frequently Asked Questions
What happens if a Delaware judge can't finish a trial that's already started?
Rule 63 lets any other judge proceed with the case, once that judge certifies familiarity with the record and determines the proceedings can be completed without prejudice to the parties.
Do I get to have witnesses testify again in front of the new judge?
In a nonjury hearing or trial, Rule 63 requires the successor judge, at a party's request, to recall any witness whose testimony is material and disputed and who's available to testify again without undue burden.
Can the new judge recall witnesses even if their testimony isn't disputed?
Yes. Rule 63 gives the successor judge discretion to recall any other witness beyond the material-and-disputed category the rule specifically requires recalling on request.
What must the successor judge certify before taking over?
Rule 63 requires the successor judge to certify familiarity with the record and to determine that the case can be completed without prejudice to the parties.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: delaware judge unable to proceed rulesuccessor judge recall witness delawaresubstitute judge mid trial delawarerule 63 inability of judge