1.1802(1) In the event of the death or disability of a judge in the course of a proceeding at which the judge is presiding, or while a motion for new trial or for judgment notwithstanding the verdict, or for other relief, is pending, any other judge of the district may hear or act upon the same, and, if in the judge's opinion the judge can proceed with the matter or determine the motion the judge shall do so; otherwise, the judge may order a continuance, declare a mistrial, order a new trial of all or any of the issues, or make such disposition of the matter as the situation warrants.
Rule 1.1802.Death, retirement or disability of judge
Division XVIII: Rules of a General Nature · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.1802 lets another judge step in and act, decide, or otherwise resolve a matter when a presiding judge dies, retires, or becomes disabled during a proceeding, while a post-trial motion is pending, or before the record for appeal is settled.
Full Text of Rule 1.1802
(2) In the event of the death or disability of a judge who has under advisement an undecided motion, or case tried without a jury, any other judge of the district may be called in, or a judge from another district may be appointed by the chief justice of the supreme court to consider the same, and, if by a review of the transcript or a reargument the judge can, in the judge's opinion, become sufficiently informed to render a decision, the judge shall do so; otherwise the judge may order a continuance, declare a mistrial, or order a new trial of all or any of the issues, or direct the recalling of any witnesses, or make such disposition of the matter as the situation warrants.
(3) In the event of the death, disability or retirement of a judge before the record for appeal in any case tried by the judge is settled, the record shall be settled by another judge of the district, or by a judge of another district appointed for that purpose by the chief justice of the supreme court.
Plain-English Summary
Litigation does not stop because the judge handling it cannot continue. Rule 1.1802 covers three distinct situations where a presiding judge dies or becomes disabled, and gives another judge the tools to keep the case moving. If the judge dies or becomes disabled during a proceeding, or while a motion for new trial, for judgment notwithstanding the verdict, or for other relief is pending, any other judge of the district may step in. If that judge believes the matter can be handled or the pending motion decided, the judge must do so; otherwise, the judge may order a continuance, declare a mistrial, order a new trial of some or all issues, or otherwise dispose of the matter as the situation requires.
A second, related situation covers a judge who dies or becomes disabled while an undecided motion, or a case tried without a jury, is under advisement. Here, another district judge — or a judge from another district, appointed by the chief justice of the supreme court — may take over. If reviewing the transcript, or hearing reargument, is enough to become sufficiently informed to decide the matter, the substitute judge does so; if not, the same range of options applies: continuance, mistrial, a new trial of some or all issues, or recalling witnesses.
The third situation addresses what happens after a case is tried but before the appeal record is settled. If the judge who tried the case dies, becomes disabled, or retires before that record is settled, another judge of the district, or a judge from another district appointed by the chief justice, settles the record instead. Across all three scenarios, the rule's goal is the same: a judge's death, disability, or retirement should not permanently strand a case or a party's right to a decision or a completed appellate record.
Frequently Asked Questions
What happens if the judge handling my trial dies or becomes disabled partway through?
Rule 1.1802 allows any other judge of the district to step in, hear or act on the matter, and either proceed if capable of doing so or order a continuance, mistrial, new trial, or other appropriate disposition.
My case was tried without a jury and the judge died before deciding it. What happens now?
Under Rule 1.1802, another judge of the district, or a judge from another district appointed by the chief justice of the supreme court, may review the transcript or hear reargument to become informed enough to decide, or otherwise order a continuance, mistrial, new trial, or recall of witnesses.
Who settles the appeal record if the trial judge retires before that happens?
Rule 1.1802 provides that another judge of the district, or a judge from another district appointed by the chief justice, settles the record for appeal in that situation.
Does this rule apply only when a judge dies, or also to disability and retirement?
It depends on the situation. Death or disability triggers the rule during a pending proceeding or motion, and while a matter is under advisement. Retirement is added as a trigger specifically for settling the record for appeal.
Can the substitute judge pick up where the original judge left off without any review?
Not automatically. Under Rule 1.1802, the substitute judge must first determine whether the matter can be adequately understood or decided — through direct presiding, or by reviewing the transcript or hearing reargument — before proceeding; otherwise the judge orders a continuance, mistrial, or new trial instead.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
Also known as: iowa judge dies mid trialsuccessor judge iowa civil casejudge disability substitute iowaiowa settling appeal record after judge retires