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Rule 2-536.Disability of judge

Circuit Court · Last amended July 1, 2024 · Last verified July 13, 2026

In one sentenceRule 2-536 lets another judge finish an act or duty when the judge originally handling a case can't — and if that's not workable, orders a new trial or other relief.

Full Text of Rule 2-536

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If, by reason of termination of office, absence, death, sickness, or other inability to act, a judge is unable to perform an act or duty in an action, any other judge authorized to act in that court may perform the act or duty if satisfied that the other judge can properly do so. Otherwise, the other judge shall grant a new trial or such other relief as justice requires.

Amendment History

Amended March 1, 2024, effective July 1, 2024.

Committee Note & Source

Source. This Rule is derived from former Rule 528.

Plain-English Summary

Cases sometimes outlast the judge assigned to them. A judge might leave office, be absent, die, fall sick, or otherwise become unable to finish an act or duty in a pending action. Rule 2-536 lets any other judge authorized to sit in that court step in and complete the unfinished business — but only if that judge is satisfied it can be done properly. Some acts are ministerial enough that a substitute judge can complete them without having presided over the case firsthand, such as entering judgment on a verdict the jury already returned.

When the substitute judge isn't satisfied that finishing the act is proper — often because the remaining step depends on having watched testimony or weighed credibility in person — the rule doesn't leave the case stuck. The substitute judge instead grants a new trial or whatever other relief justice requires. That gives the court flexibility to pick a proportionate fix rather than defaulting to a full redo every time a judge becomes unavailable.

Frequently Asked Questions

What situations trigger Rule 2-536?

A judge's termination of office, absence, death, sickness, or other inability to perform an act or duty in a pending action.

Can any judge step in to finish the unfinished business?

Only a judge authorized to act in that court, and only if that judge is satisfied the act can be completed properly.

What happens if the substitute judge doesn't think finishing the act is appropriate?

The substitute judge grants a new trial or other relief that justice requires.

Does Rule 2-536 always require starting over with a new trial?

No. A new trial is the fallback, used only when the substitute judge isn't satisfied that completing the original judge's pending act or duty would be proper.

Source & verification. Rule text, Committee Note, Source note, and amendment history are reproduced verbatim from the Maryland Rules, adopted by the Supreme Court of Maryland. Last verified July 13, 2026. · Official source
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