(a) During Trial. If for any reason the judge before whom an action has been commenced is unable to proceed with the trial, another judge regularly sitting in or assigned under law to the court in which the action is pending may proceed with and finish the trial upon certifying in the record that he has familiarized himself with the record of the trial; but if such other judge is satisfied that he cannot adequately familiarize himself with the record, he may in his discretion grant a new trial.
Rule 63.Judge's Inability to Proceed
Chapter VII: Judgment · Last amended July 1, 2020 · Last verified July 14, 2026
In one sentenceRule 63 lets a substitute judge finish a trial or complete post-verdict duties when the original judge can no longer proceed, so long as the new judge certifies familiarity with the record — or else the case gets a new trial.
Full Text of Rule 63
(b) After Verdict or Findings. If for any reason the judge before whom an action has been tried is unable to perform the duties to be performed by the court after a verdict is returned, or after the hearing of a nonjury action, then any other judge regularly sitting in or assigned under law 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, he may in his discretion grant a new trial.
Amendment History
Effective July 1, 2020, the caption for Rule 62 was amended to refer to a judge’s inability to proceed rather than a judge’s disability.
Plain-English Summary
Rule 63 covers a problem no litigant wants to face: the judge hearing the case can no longer continue. Subdivision (a) handles this during trial itself. If the assigned judge becomes unable to proceed, another judge who regularly sits in, or is assigned by law to, that court may step in and finish the trial — but only after certifying in the record that the new judge has familiarized himself or herself with what has happened so far. If the substitute judge isn't satisfied that adequate familiarity is possible, the rule gives that judge discretion to grant a new trial instead of pressing ahead with a case only partly understood.
Subdivision (b) extends the same approach to the period after trial. If the original judge becomes unable to perform the duties that follow a jury verdict or a nonjury hearing — entering judgment, ruling on post-trial motions, and the like — another judge regularly sitting in or assigned to the court may take over those duties. Again, if that judge cannot adequately perform them, the rule allows a new trial to be granted rather than forcing a decision on an incomplete record.
The rule's structure protects both sides of the trade-off: it keeps a case moving without starting over every time a judge becomes unavailable, while preserving the option of a new trial when a substitute judge can't get up to speed. A 2020 amendment updated the rule's caption to describe this situation as a judge's inability to proceed, rather than framing it as a judge's disability.
Frequently Asked Questions
What happens if the judge presiding over my trial becomes unable to continue partway through?
Rule 63(a) allows another judge who regularly sits in, or is assigned by law to, that court to step in and finish the trial, after certifying in the record that the new judge has familiarized himself or herself with the record of the trial so far.
What must a substitute judge do before taking over a trial in progress?
The substitute judge must certify in the record that he or she has familiarized himself or herself with the record of the trial before proceeding with and finishing it.
What if the new judge doesn't feel able to get up to speed on the trial record?
Rule 63(a) gives that judge discretion to grant a new trial instead of continuing, if he or she is satisfied that adequate familiarity with the record isn't possible.
Does Rule 63 apply after the verdict is in, not just during trial?
Yes. Rule 63(b) covers the judge's inability to perform duties after a jury verdict is returned or after a nonjury hearing, letting another qualified judge step in to perform those remaining duties, again with the option of a new trial if that isn't workable.
Has Rule 63 changed recently?
Its caption was amended effective July 1, 2020, to describe a judge's inability to proceed rather than framing the situation as a judge's disability.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
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