If by reason of death, sickness, or other disability or separation from office, a judge before whom an action has been tried is unable to perform the duties to be by him performed after a verdict is returned or findings of fact an d conclusions of law are filed, then any other judge regularly sitting in or assigned to the court in which the action was tried may perform those duties; but if such other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may, in his discretion, grant a new trial.
Rule 63.Disability of a Judge
Part VII: Judgment · Last amended 1966 · Last verified July 16, 2026
In one sentenceRule 15-6-63 lets another judge in the same court finish post-trial duties when the judge who tried the case dies, becomes sick or disabled, or leaves office, but gives that substitute judge discretion to grant a new trial instead if unable to properly complete the job.
Full Text of Rule 15-6-63
Plain-English Summary
Rule 15-6-63 answers a narrow but important question: what happens if the judge who tried a case cannot finish it? If death, sickness, another disability, or separation from office leaves the trial judge unable to perform the duties that come after a verdict is returned, or after findings of fact and conclusions of law are filed, any other judge regularly sitting in or assigned to that court can step in and perform those remaining duties.
That substitution is not unconditional. If the judge taking over is not satisfied that those duties can properly be performed — commonly because that judge did not preside at the trial and so lacks a firsthand sense of the evidence and witnesses — Rule 15-6-63 gives that judge discretion to grant a new trial instead of trying to finish the case on an unfamiliar record. The rule leaves that call to the substitute judge’s own judgment, whether the reason is the lack of firsthand trial experience or something else entirely.
Frequently Asked Questions
What happens if the judge who presided at a South Dakota trial dies before entering judgment?
Rule 15-6-63 lets any other judge regularly sitting in or assigned to that court perform the remaining post-trial duties, or, at that judge’s discretion, grant a new trial instead.
Can a substitute judge who did not hear the trial finish deciding a South Dakota case?
Yes, but Rule 15-6-63 gives that judge discretion to grant a new trial instead if not satisfied the remaining duties can properly be performed, including for the reason that the judge did not preside at the trial.
Does Rule 15-6-63 apply if a judge leaves office before finishing a case?
Yes. The rule lists separation from office alongside death, sickness, and other disability as triggers for another judge to step in.
Who decides whether a South Dakota case needs to be retried when the original judge becomes unavailable?
The substitute judge decides, in that judge’s own discretion, under Rule 15-6-63.
What kind of duties does Rule 15-6-63 cover?
It covers duties to be performed after a verdict is returned or after findings of fact and conclusions of law are filed — the post-trial work that remains once the evidence has closed.
Amendment History
—SD RCP, Rule 63, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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