If by reason of death, sickness, or other disability or unavailability, the Presiding Judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after a verdict is returned or findings of fact and conclusions of law are filed, then the Administrative Judge shall designate another judge to perform those duties; but if such other judge is satisfied that such other judge cannot perform those duties because such other judge did not preside at the trial or for any other reason, such other judge may in such other judge’s discretion grant a new trial.
Rule 63.Disability of a judge
Group VII: Judgment · Last amended January 1, 1980 · Last verified July 14, 2026
In one sentenceRule 63 lets the Administrative Judge designate a substitute judge to finish post-verdict duties when the trial judge cannot perform them, and lets that substitute grant a new trial if unable to complete those duties.
Full Text of Rule 63
Notes
Reporter’s Notes—1980 Amendment: This rule is amended in the same manner, and for the same reasons, as Rule 16.1. See the Reporter’s Notes to the 1980 amendment to that rule. Reporter’s Notes This rule is similar to Federal Rule 63. It has no precise equivalent in prior Vermont practice, although 12 V.S.A. § 2427, a similar provision for signing the bill of exceptions in the event of death or other disability, was repealed, perhaps inadvertently, in 1959 as part of the general statutory revision of appellate practice. Some of the ground is also covered by 4 V.S.A. §§ 73, 74, providing for assignment of judges when a Presiding Judge is unable to attend all or part of an assigned term, and by 4 V.S.A. § 112, providing that one judge of the county court may act when the others are disqualified.
Amendment History
Amended Nov. 27, 1979, eff. Jan. 1, 1980.
Plain-English Summary
Rule 63 handles a narrow but important problem: what happens when the judge who tried a case cannot finish the job. If death, sickness, another disability, or unavailability keeps the Presiding Judge from carrying out the duties these rules assign after a verdict comes back or findings and conclusions are filed, the Administrative Judge steps in and designates another judge to take over.
That substitute judge does not have to force a square peg into a round hole. If the designated judge is satisfied that completing those post-verdict duties is not possible — because that judge did not preside at the trial or for any other reason — the rule gives that judge discretion to grant a new trial instead of trying to pick up where the original judge left off.
Frequently Asked Questions
When does Rule 63 come into play?
When the Presiding Judge who tried a case is unable, because of death, sickness, other disability, or unavailability, to perform the duties these rules assign after a verdict is returned or findings of fact and conclusions of law are filed.
Who picks the replacement judge?
The Administrative Judge designates another judge to perform the remaining duties in the original judge's place.
Can the substitute judge just grant a new trial instead of finishing the case?
Yes, if that judge is satisfied that the duties cannot be performed — including because the judge did not preside at the trial — the rule allows that judge, in their discretion, to grant a new trial.
Does Rule 63 apply before a verdict or findings are entered?
The rule is written for the period after a verdict is returned or findings of fact and conclusions of law are filed, addressing the post-trial duties that follow those events.
Does the substitute judge need special qualifications?
The rule does not impose additional qualifications beyond designation by the Administrative Judge; it does, however, recognize that not having presided at trial is itself a valid reason for the designated judge to choose a new trial over trying to complete the original judge's remaining duties.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: disability of trial judge vermontsubstitute judge new trial vermontvt rule 63administrative judge designation vermont