If a judge before whom an action has been tried is unable, because of sickness, death or other disability, to perform the court's duties after a verdict is returned or findings of fact and conclusions of law are filed, any other judge sitting in or assigned to the court in which the action was tried may perform those duties. However, the successor judge may grant a new trial if the judge finds for any reason that the judge cannot perform those duties.
K.S.A. 60-263.Disability of judge
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-263 lets another judge step in and perform the trial judge's remaining duties -- entering judgment on a verdict or on findings -- when sickness, death, or another disability leaves the original judge unable to finish the case, while preserving that successor judge's power to order a new trial instead.
Full Text of K.S.A. 60-263
Amendment History
L. 1963, ch. 303, 60-263; L. 2010, ch. 135, § 137; July 1.
Plain-English Summary
K.S.A. 60-263 addresses a narrow but real problem: what happens when the judge who tried a case can't finish it. If sickness, death, or another disability leaves that judge unable to perform the court's remaining duties after a verdict is returned or findings of fact and conclusions of law are filed, any other judge sitting in or assigned to the same court may step in and perform those duties.
The rule doesn't force the successor judge to pick up where the original judge left off. If that judge finds, for any reason, that the case can't be completed in a fair and competent manner by stepping into another judge's finished trial, the successor judge may grant a new trial instead of proceeding to judgment on the existing verdict or findings.
Frequently Asked Questions
What triggers K.S.A. 60-263?
The original judge's sickness, death, or other disability that leaves the judge unable to perform the court's duties after a verdict is returned or after findings of fact and conclusions of law are filed.
What can a substitute judge do under this section?
Any other judge sitting in or assigned to the court where the action was tried may perform the disabled judge's remaining duties, which includes acting on the verdict or findings to reach judgment.
What if the successor judge doesn't feel able to finish the case in a fair and competent manner?
The rule lets that judge grant a new trial instead, if the judge finds for any reason that the judge cannot perform the original judge's remaining duties.
Does K.S.A. 60-263 apply before a verdict is returned or findings are filed?
No. The rule is triggered by a disability arising after a verdict has been returned or after findings of fact and conclusions of law have been filed.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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