Rule 1-063.Inability of a judge to proceed
Last amended January 1, 1995 · Last verified June 26, 2026
In one sentenceRule 1-063 lets another judge complete a trial or hearing already begun when the original judge is unable to proceed, after certifying familiarity with the record.
Full Text of Rule 1-063
If a trial or hearing has been commenced and the judge is unable to proceed, any
other judge may proceed with it upon certifying familiarity with the record and
determining that the proceedings in the case may be completed without prejudice to the
parties. The successor judge may recall any witness.
End
Rule History
[As amended, effective January 1, 1995.]
Plain-English Summary
This short rule keeps a case moving when the judge cannot. If a trial or hearing has started and the judge becomes unable to proceed, any other judge may take over after certifying familiarity with the record and determining that the proceedings can be completed without prejudice to the parties. The successor judge may recall any witness.
Frequently Asked Questions
What happens if the trial judge cannot continue?
Another judge may proceed after certifying familiarity with the record and finding the case can be completed without prejudice to the parties, and may recall any witness.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-063 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as: successor judgeinability of judgejudge unable to proceed