Rule 63.Inability of a Judicial Officer to Proceed.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 63
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
The rule has one trigger: a trial or hearing has commenced and the judicial officer is unable to proceed. A replacement does not step in on their own. Any other judicial officer may take over by order of the chief judge, and only after certifying familiarity with the record and determining that the proceedings may be completed without prejudice to the parties.
The certification is the safeguard. A successor who has not read the record cannot take the case, and where the proceedings cannot be completed without prejudice to the parties, the rule does not authorize the substitution at all.
In a hearing or trial without a jury, a party holds a right worth knowing. At a party's request, the successor must recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. Both limits are built in: the testimony has to be material and in dispute, and calling the witness back cannot impose an undue burden. Beyond that request, the successor may recall any other witness.
Frequently Asked Questions
What happens if my judge cannot finish the trial?
Another judicial officer can finish it. By order of the chief judge, any other judicial officer may proceed with a trial or hearing that has been commenced when the officer who started it is unable to go on.
Does this rule apply before the trial starts?
No. The rule is triggered only where a trial or hearing has been commenced and the judicial officer is then unable to proceed. Reassignment before anything has begun is not what Rule 63 addresses.
Can I ask for a witness to testify again before the new judicial officer?
In a hearing or trial without a jury, yes. The successor must recall, at a party's request, any witness whose testimony is material and disputed and who is available to testify again without undue burden.
Can the successor call back a witness nobody asked about?
Yes. The rule states that the successor judicial officer may also recall any other witness.
What does certifying familiarity with the record mean for my case?
It means the successor cannot take the case cold. The rule allows the substitution only upon certifying familiarity with the record, and only after determining that the proceedings may be completed without prejudice to the parties. Where that determination cannot be made, the rule does not authorize the substitution.