If by reason of death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after a verdict is returned or finding of fact and conclusions of law are filed, then any successor or special judge sitting in or assigned to the court in which the action was tried may perform those duties; but if such other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.
Rule 63.Disability of a judge.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceWhen a judge dies, falls ill, or is otherwise unable to complete duties owed after a verdict or findings of fact are filed, a successor or special judge assigned to that court may finish them, but may order a new trial instead if unable to act because that judge did not preside at trial or for another reason.
Full Text of Rule 63
Amendment History
(Adopted effective July 1, 1953.)
Plain-English Summary
Trials don't always end with the same judge who heard them. Rule 63 covers what happens when a judge cannot finish the job after a jury returns a verdict or the court files its findings of fact and conclusions of law -- because of death, illness, or another disability. Any successor or special judge sitting in or assigned to that court can step in and finish whatever duties remain, such as ruling on post-trial motions or entering judgment.
That replacement judge isn't required to take over. If the judge is satisfied that taking over isn't possible -- whether because that judge did not sit through the trial or for some other reason -- the rule gives discretion to order a new trial instead of pressing ahead without having seen the evidence firsthand.
Frequently Asked Questions
What happens if the judge who heard my case can no longer finish it?
A successor or special judge sitting in or assigned to that court may perform the remaining duties owed after the verdict or findings of fact and conclusions of law were filed.
Can a new judge order a new trial instead of finishing the case?
Yes. If the judge is satisfied that the remaining duties cannot be performed -- because that judge did not preside at the trial or for another reason -- the rule allows a new trial instead, at the judge's discretion.
Does Rule 63 apply before a verdict is reached?
No. It applies only to duties the court must perform after a verdict is returned or after findings of fact and conclusions of law have been filed.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 63). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: judge dies during trial kentuckysuccessor judge civil case kentuckyjudge unable to finish casenew trial due to judge unavailabilityCR 63 Kentuckyspecial judge assigned after verdict