Rule 808.Judge’s Inability to Proceed
Part VIII. Judgments; Post-Decree and Post-Judgment Proceedings · Last amended July 1, 2021 · Last verified September 4, 2026
Full Text of Rule 808
Rule History
(Adopted March 29, 2021, effective July 1, 2021.)
Plain-English Summary
Rule 808 covers a rare but real situation: the judge who tried the case cannot finish it.
When it applies
Only after findings of fact and conclusions of law have been filed, and only where the judge is unable to perform the remaining duties because of death, sickness, or other disability.
The timing limit is the substance of the rule. Once findings are filed, the fact-finding — which depended on hearing the witnesses — is done, and what remains is largely to enter judgment, resolve costs and fees, and rule on post-trial motions. Another judge can do that from the record.
Who may step in
Any other judge regularly sitting in or assigned to the court in which the action was tried. No transfer, no reassignment procedure — the successor's authority comes from the rule.
The escape hatch
If the successor judge is satisfied that the judge cannot perform those duties, that judge may grant a new trial.
Read with the timing limit, the two halves cover the field. Where the disability strikes before findings are filed, this rule offers no substitute judge, and a new trial is the answer — because no successor can find facts from a cold record about witnesses they never saw. Rule 801(a)(7)'s deference to the trial court's opportunity to judge credibility is precisely the reason.
Rule 109 covers disqualification, which is a different problem: a judge who should not sit rather than one who cannot.
Frequently Asked Questions
What happens if the judge dies before the case is finished?
Rule 808 allows any other judge regularly sitting in or assigned to the court in which the action was tried to perform the remaining duties, if the inability arises after findings of fact and conclusions of law have been filed.
Does the case have to be retried?
Not necessarily. Rule 808 lets a successor judge perform the duties, and allows that judge to grant a new trial if satisfied that the duties cannot be performed.
Does this apply before findings are filed?
The rule addresses inability arising after findings of fact and conclusions of law are filed. Rule 801(a)(7) explains why: findings depend on the trial court's opportunity to judge the witnesses' credibility.
Is this the same as disqualifying a judge?
No. Rule 109 governs disqualification, which concerns whether a judge should sit. Rule 808 concerns a judge who cannot proceed because of death, sickness, or other disability.