Rule 63.Disability of a Judge
Last amended July 1, 1994 · Last verified July 1, 2026
Full Text of Rule 63
Amendment History
Effective Date: July 1, 1970
Amended: July 1, 1972; July 1, 1973; July 1, 1994
Plain-English Summary
Division (A) addresses a judge's disability during trial: if the judge before whom a jury trial has begun is unable to continue, another judge designated by the administrative judge -- or, in a single-judge division, by the Chief Justice of the Supreme Court -- may take over and finish the trial after certifying on the record that the replacement has familiarized himself with the trial record. If that replacement judge isn't satisfied that he can adequately do so, he may, in his discretion, grant a new trial.
Division (B) addresses disability after trial: if the judge who tried the action is unable to perform the duties remaining after a verdict is returned or findings of fact and conclusions of law are filed, another judge, designated the same way, may perform those duties. If that replacement judge isn't satisfied that he can perform them, he too may grant a new trial in his discretion.
Frequently Asked Questions
What happens if the judge presiding over a jury trial becomes unable to continue?
Another judge, designated by the administrative judge or, in a single-judge division, by the Chief Justice, may take over and finish the trial after certifying familiarity with the record.
Can the replacement judge order a new trial instead of picking up where the original judge left off?
Yes. If the replacement judge isn't satisfied that he can adequately familiarize himself with the record, he may grant a new trial in his discretion.
Does Rule 63 apply to duties that come up after the verdict, not just during trial?
Yes. Division (B) lets a replacement judge perform the duties remaining after a verdict or findings of fact and conclusions of law, such as entering judgment, when the original judge can't.