Rule 63.Judge's Inability to Proceed

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 63 lets a successor judge take over when the judge who began a hearing or trial cannot proceed: the new judge may finish it after certifying familiarity with the record, and a party may recall any witness whose testimony is material and disputed.

Full Text of Rule 63

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If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties. In a hearing or a nonjury trial, the successor judge must, at a party's request, 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.

End

Amendment History

(Amended March 2, 1987, effective August 1, 1987; April 30, 1991, effective December 1, 1991; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Judges sometimes cannot finish a case they started — through illness, death, retirement, or reassignment. Rule 63 keeps the case moving rather than forcing a restart. If a judge conducting a hearing or trial is unable to proceed, any other judge may take over upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties.

To protect the parties, the rule gives a safeguard tied to credibility: in a hearing or bench trial, a party may move to recall any witness whose testimony is material and disputed and who is available, so the successor judge can assess that witness firsthand. The aim is to avoid the cost of a complete do-over while preserving a fair process.

Frequently Asked Questions

What happens if the trial judge cannot finish a case?

Under Rule 63, a successor judge may complete it after certifying familiarity with the record; a party may recall a witness whose testimony is material and disputed.

Can the successor judge recall any witness, or only certain ones?

A party can require the successor judge to recall a witness only if that witness's testimony is material and disputed and the witness is available to testify again without undue burden; the judge may also choose to recall any other witness on their own.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 63), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 63Fed. R. Civ. P. 63judge's inability to proceedsuccessor judgesubstitute judge