Rule 63.Inability of a Judicial Officer to Proceed.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 63 lets a different judicial officer step in and finish a trial or hearing already underway if the original judge can no longer continue, as long as the successor certifies familiarity with the record and finds the case can proceed without prejudice to either side.
Full Text of Rule 63
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If a trial or hearing has been commenced and the judicial officer is unable to proceed, any other judicial officer 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. In a hearing or trial without a jury, the successor judicial officer shall at the request of a party recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judicial officer may also recall any other witness.
VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
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
Trials do not always finish with the judge who started them. A judge can fall ill, retire, or otherwise become unavailable partway through a case. Rule 63 lets a successor judicial officer pick up where the original one left off, but only after certifying familiarity with the record and determining that the remaining proceedings can be completed without prejudice to either side.
In a bench trial — a hearing or trial without a jury — a party can ask the successor to recall any witness whose testimony is both material and disputed, so long as that witness is available to testify again without undue burden. The successor is not limited to that request either; the rule also lets the successor call back any other witness on their own.
Frequently Asked Questions
What happens if the judge hearing my trial cannot finish it?
Rule 63 allows another judicial officer to take over. The successor must certify familiarity with the record and determine the case can be completed without prejudice to the parties before continuing.
Can I have a witness testify again in front of the new judge?
In a trial or hearing without a jury, you can ask the successor to recall a witness whose testimony was material and disputed, provided the witness can testify again without undue burden. The successor can also recall other witnesses on their own initiative.
Does the case have to start over from scratch with a new judge?
No. Rule 63 is built around continuity — the successor certifies familiarity with the existing record and continues the proceeding rather than restarting it.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 63). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as:judge unable to finish trialsubstitute judge mid-trialsuccessor judge takes over casejudge retires during trialnew judge assigned to ongoing caserecall a witness for new judgejudge illness during hearing