If by reason of death, sickness or other disability, resignation, retirement, expiration of term, removal from office, or other reason, a judge before whom an action has been tried or a hearing has been held is unable to perform the duties to be performed by the court under these rules after a verdict is returned or a trial or hearing is otherwise concluded, then those duties, including entry of judgment, may be performed:
Rule 63.Disability of a judge.
Last amended 2025 · Last verified July 3, 2026
In one sentenceRule 63 lets another judge step in to finish a case -- including entering judgment -- when the judge who tried it dies, becomes disabled, or otherwise leaves office after a verdict or hearing has already concluded.
Full Text of Rule 63
(1) In actions in the superior court by the senior resident superior court judge for the district. If this judge is under a disability, then the resident judge of the district senior in point of service on the superior court may perform those duties. If a resident judge, while holding court in the judge's own district suffers disability and there is no other resident judge of the district, such duties may be performed by a judge of the superior court designated by the Chief Justice of the Supreme Court.
(2) In actions in the district court, by the chief judge of the district, or if the chief judge is disabled, by any judge of the district court designated by the Director of the Administrative Office of the Courts. If the substituted judge is satisfied that he or she cannot perform those duties because the judge did not preside at the trial or hearing or for any other reason, the judge may, in the judge's discretion, grant a new trial or hearing.
Amendment History
(1967, c. 954, s. 1; 2001-379, s. 7; 2025-54, s. 19(a).)
Plain-English Summary
Rule 63 addresses what happens when the judge who tried a case can no longer finish it. If death, sickness, other disability, resignation, retirement, expiration of term, removal from office, or some other reason leaves the trial judge unable to perform the remaining duties after a verdict is returned or a trial or hearing otherwise concludes, another judge may step in to perform those duties, including entering judgment.
Who steps in depends on the court. In superior court, the senior resident superior court judge for the district takes over; if that judge is also disabled, the next-senior resident judge may act; and if a resident judge becomes disabled while holding court in that judge's own district with no other resident judge available, the Chief Justice of the Supreme Court may designate a superior court judge to perform the duties. In district court, the chief judge of the district takes over, or, if that judge is disabled, any district court judge the Director of the Administrative Office of the Courts designates.
The substitute judge isn't required to carry out what's already been decided if that isn't workable -- if the substitute judge is satisfied that the duties can't be performed because the judge didn't preside at the trial or hearing, or for another reason, the substitute may grant a new trial or hearing instead.
Frequently Asked Questions
When can a substitute judge take over a case under Rule 63?
Only after a verdict is returned or a trial or hearing has otherwise concluded, and only when the original judge cannot finish because of death, sickness, other disability, resignation, retirement, expiration of term, removal from office, or another reason.
Who takes over a superior court case if the trial judge can no longer act?
The senior resident superior court judge for the district, or, if that judge is also disabled, the next-senior resident judge, or, in a district with no other resident judge, a superior court judge the Chief Justice designates.
What can a substitute judge do if picking up where the original judge left off isn't practical?
Grant a new trial or hearing, if the substitute judge is satisfied that the remaining duties can't be performed -- for example, because the substitute didn't preside at the original proceeding.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 63). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: disability of a judgedeath of a trial judgesubstitute judge entering judgmentsenior resident superior court judge substitutionchief district court judge substitutionjudge unable to complete duties after verdict