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.
Rule 3-536.Disability of judge
District Court · Last amended July 1, 2024 · Last verified July 13, 2026
In one sentenceRule 3-536 lets another authorized judge step in and finish an act or duty when the presiding judge can no longer act, or otherwise directs a new trial or other appropriate relief.
Full Text of Rule 3-536
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
Rule 3-536 answers a practical question: what happens when the judge handling a case can no longer finish the job? If a judge leaves office, is absent, dies, falls sick, or otherwise can't act, the rule lets a different judge authorized to sit in that court step in and complete the unfinished act or duty — but only if that substitute judge is satisfied doing so is appropriate.
Sometimes a substitute judge won't be in a position to pick up where the original judge left off — for example, if finishing the task depends on having observed the trial firsthand. When that's the case, the rule doesn't leave the parties stuck. The substitute judge must instead grant a new trial or whatever other relief justice requires.
Frequently Asked Questions
What happens to my case if the judge who heard it dies or retires before ruling?
Another judge authorized to sit in that court can step in and complete the outstanding act or duty, as long as that judge is satisfied it's appropriate to do so. If no substitute judge can properly do that, the case gets a new trial or other relief that justice requires.
Can any judge take over a case under Rule 3-536?
Only a judge authorized to act in that particular court, and only if that judge is satisfied the substitution is proper — for instance, that the record allows the judge to finish the task without having presided over the earlier proceedings.
What relief can I get if no substitute judge can finish my case?
The substitute judge must grant a new trial or such other relief as justice requires. The rule doesn't limit that relief to a retrial; it leaves room for whatever remedy fits the situation.
Does this rule apply beyond a judge's death or retirement?
Yes. It covers any inability to act — termination of office, absence, death, sickness, or other cause — that leaves a judge unable to perform an act or duty the case still needs.
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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