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Rule 63.Disability of a Judge

Last amended July 1, 1994 · Last verified July 1, 2026

In one sentenceRule 63 lets another judge step in and finish a jury trial, or perform the court's remaining post-verdict duties, when the original judge becomes unable to continue, with a new trial available if the replacement judge can't adequately get up to speed on the record.

Full Text of Rule 63

Text sizeJump to: (A) (B)

A During trial
If for any reason the judge before whom a jury trial has commenced is unable to proceed with the trial, another judge designated by the administrative judge, or in the case of a single-judge division by the chief justice of the supreme court, 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.
B 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 findings of fact and conclusions of law are filed, another judge designated by the administrative judge, or in the case of a single-judge division by the Chief Justice of the Supreme Court, 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 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.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 63). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source
Also known as: substitute judgesuccessor judge