If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties. In a hearing or a nonjury trial, the successor judge must, at a party’s request, recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness. But if such successor judge cannot perform those duties because the successor judge did not preside at the trial or for any other reason, the successor judge may, in that judge’s discretion, grant a new trial.
Rule 63.Judge's inability to proceed
Group VII: Judgment · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 63 lets a new judge take over and finish a case when the judge who handled the hearing or trial can no longer continue, once the new judge is up to speed on the record.
Full Text of Rule 63
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The revision substantially replaces the former rule and conforms, in large part, to the 1991 amendment to the federal rule. The former rule was limited to disability of the judge and did not specifically provide for disqualification or other reasons that a judge might withdraw from a case. It was also limited to a judge’s withdrawal after trial. The revised rule applies when the judge “is unable to proceed” and is not limited to withdrawal after trial. The federal rule is revised by retaining, as the last sentence, language from the former Nevada rule that gives the successor judge broad discretion to grant a new trial.
Amendment History
Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Judges get sick, retire, get reassigned, or otherwise become unable to finish a case they started. Rule 63 keeps that from forcing a full do-over. A successor judge can step in and carry on a hearing or trial already underway, but only after certifying familiarity with the record and confirming the case can be completed without prejudice to either side. That certification isn't a formality — it's the safeguard that keeps a new judge from ruling on a case they don't understand.
In a hearing or a trial without a jury, if a party asks, the successor judge must bring back any witness whose testimony is both material and disputed and who can testify again without real hardship, and can choose to recall other witnesses as well. This matters most where credibility was central to a witness's testimony — something a judge who wasn't there to see it testify may not be able to judge from a transcript alone. If the successor judge finds they can't responsibly pick up where the first judge left off, whether because they never presided over the trial or for some other reason, the rule leaves the door open to order a new trial instead, at that judge's discretion.
Frequently Asked Questions
When does Rule 63 apply?
Whenever the judge handling a hearing or trial becomes unable to continue, for any reason — illness, retirement, reassignment, disqualification, or something else. It isn't limited to situations where the judge leaves after the trial is finished; it can apply mid-proceeding.
What must a successor judge do before taking over?
Certify familiarity with the record and determine that the case can be completed without prejudice to the parties. That means reviewing what has happened so far closely enough to pick up the case responsibly, not just accepting the assignment.
Can a party demand that a witness testify again for the new judge?
Yes, in a hearing or a nonjury trial, if the witness's testimony is both material and disputed, and the witness is available to testify again without undue burden. The successor judge must recall that witness on request and may choose to recall others as well.
What if the successor judge can't properly pick up where the first judge left off?
The rule gives that judge discretion to order a new trial instead of pressing forward, whether the difficulty comes from never having presided over any part of the case or from some other obstacle to completing it properly.
Does Rule 63 apply to jury trials the same way?
The requirement to recall a disputed, material witness on request applies specifically to hearings and nonjury trials. In other situations, the successor judge still must certify familiarity with the record and confirm the case can proceed without prejudice, but the mandatory recall provision is tied to bench proceedings.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as: successor judge rulejudge unable to continuesubstitution of judge mid-trialnew judge takes over caserecall witness new judge