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Rule 63.Judge's inability to proceed

Title VIII: Post-Judgment Procedure · Last amended July 1, 2016 · Last verified July 14, 2026

In one sentenceRule 63 lets a substitute judge finish a case when the original trial judge cannot complete post-verdict duties because of death, sickness, or another disability, and lets that substitute judge grant a new trial if satisfied the remaining duties cannot be performed.

Full Text of Rule 63

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If the trial judge is unable to perform the duties required after a verdict is returned or findings of fact and conclusions of law are filed, because of death, sickness or other disability, then any other judge regularly sitting in or assigned to the court in which the action was tried may perform those duties. If the other judge is satisfied that the judge cannot perform those duties, the judge may grant a new trial.

Amendment History

(Adopted March 1, 2016, effective July 1, 2016.)

Plain-English Summary

Trials sometimes outlast the judge who presided over them. Rule 63 covers what happens when the judge who heard a case cannot finish the job after a jury returns a verdict or after findings of fact and conclusions of law are filed, because of death, illness, or some other disability. Rather than starting over automatically, the rule allows another judge who regularly sits on or is assigned to that court to step in and carry out the remaining duties, such as ruling on post-trial motions or entering judgment.

That substitution has a limit. If the replacement judge decides they cannot properly perform those duties, perhaps because the record does not let them fully grasp what happened at trial, the judge must order a new trial instead of trying to finish the case blind. The rule protects the parties from a rushed or uninformed outcome while still avoiding needless retrials whenever a substitute judge can pick up where the original judge left off.

Frequently Asked Questions

What triggers the use of Rule 63?

It applies when the trial judge becomes unable to finish post-verdict duties due to death, sickness, or another disability after a verdict or findings of fact and conclusions of law have already been filed.

Who can take over for the original judge?

Any other judge who regularly sits in, or is assigned to, the court where the case was tried may step in and complete the remaining duties.

What if the new judge does not feel comfortable finishing the case?

Rule 63 requires the new judge to grant a new trial if they are satisfied that they cannot properly perform the duties the original judge left unfinished.

Does Rule 63 apply before a verdict is reached?

No. It is aimed at the period after a verdict is returned or findings of fact and conclusions of law are filed, when only post-trial duties remain.

Does a new trial happen automatically whenever a judge is replaced?

No. A new trial is ordered only if the substitute judge determines they cannot adequately carry out the remaining duties; otherwise the substitute finishes the case.

Source & verification. Rule text are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the Supreme Court of Idaho. Last verified July 14, 2026. · Official source
Also known as: judge unable to continuesubstitute judge after verdictjudge died before trial finishedsuccessor judge civil case