Rule 2-536.Disability of judge
Circuit Court · Last amended July 1, 2024 · Last verified July 13, 2026
Full Text of Rule 2-536
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.