If a judge conducting a hearing or trial is unable to proceed, another judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties. In a hearing or nonjury trial, the successor judge shall, at a party's request, recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness.
Rule 63.Judges inability to proceed
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 63 lets a successor judge take over a hearing or trial when the presiding judge becomes unable to continue, once the successor certifies familiarity with the record and finds the case can be completed without prejudice, and requires recalling any material, disputed witness a party requests if that witness remains reasonably available.
Full Text of Rule 63
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Judges sometimes can't finish what they started — illness, resignation, reassignment. Rule 63 lets another judge step in mid-case, but only after certifying they've reviewed enough of the record to understand it and determining the case can still be completed without prejudice to the parties.
In a hearing or a nonjury trial, that successor judge has to recall a witness at a party's request if that witness's testimony is both material and disputed, and the witness remains available to testify again without real difficulty. The successor judge can also choose to recall any other witness, even without a request.
Frequently Asked Questions
What has to happen before a successor judge can take over a case?
The successor judge has to certify familiarity with the record and determine that the case can be completed without prejudice to the parties.
Do I have a right to have witnesses recalled by the new judge?
Yes, if their testimony is material and disputed and they remain available without undue burden, the successor judge shall recall them at your request in a hearing or nonjury trial.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 63). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: substitute judge mid-trialsuccessor judge recalling witnesses