Rule 63.Disability of Judge.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 63
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
Where a trial or hearing has begun and the judge is unable to proceed, any other judge may take it over. Two things are required: the successor certifies familiarity with the record, and determines that the proceedings can be completed without prejudice to the parties.
In a hearing or trial without a jury, which is nearly every family court proceeding, a party may ask the successor judge to recall a witness. The right is not unlimited: it reaches a witness whose testimony is material and disputed and who is available to testify again without undue burden.
That recall right is what makes the substitution fair. A judge who did not see a witness testify cannot weigh demeanour from a transcript, so the rule lets a party put the disputed evidence in front of the judge who will decide it.
Frequently Asked Questions
What happens if the judge cannot finish my Hawaii family court trial?
Any other judge may proceed with it, on certifying familiarity with the record and determining that the case can be completed without prejudice to the parties.
Can I ask for a witness to testify again?
Yes. In a hearing or trial without a jury, the successor judge shall at a party request recall any witness whose testimony is material and disputed and who is available without undue burden.
What must the new judge certify?
Familiarity with the record of the proceedings already held.
Does the trial start over?
No. The successor judge proceeds with the trial or hearing already commenced.
Is the recall right unlimited?
No. It reaches a witness whose testimony is material and disputed and who is available to testify again without undue burden.