(a) If a judge conducting a hearing or trial is unable to proceed, any other 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 a nonjury trial, the successor judge must, 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.Judge's inability to proceed
Group VII: Judgment · Last amended March 1, 2017 · Last verified July 14, 2026
In one sentenceRule 63 allows a different judge to take over a hearing, trial, or post-verdict duties when the original judge can no longer continue, as long as the new judge gets up to speed on the record.
Full Text of Rule 63
(b) After verdict or filing of findings of fact and conclusions of law. — If by reason of death, sickness, or other disability, a 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 any other judge sitting in or assigned to the district in which the action was tried or any active or retired district judge or supreme court justice designated by the supreme court may perform those duties; but if the successor judge cannot perform those duties because the successor judge did not preside at the trial or for any other reason, the successor judge may grant a new trial.
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Judges get sick, retire, or otherwise become unavailable in the middle of a case, and Rule 63 answers what happens next. If a judge conducting a hearing or trial can’t go on, another judge may step in — but only after certifying familiarity with the record and confirming the case can be finished without prejudice to the parties. In a bench trial or a hearing, a party can insist that the new judge recall any witness whose testimony is both material and disputed, so long as that witness is available without undue burden; the successor judge can recall other witnesses too, at their own discretion.
Rule 63(b) covers a later stage: what happens if the judge becomes unable to act after a verdict is already in, or after findings of fact and conclusions of law have been filed. Any other judge sitting in or assigned to the district — or an active or retired judge or justice the Supreme Court designates — can take over the remaining duties, like ruling on post-trial motions or entering judgment. If that successor judge can’t carry out those duties, whether because they didn’t preside at trial or for some other reason, the rule lets them order a new trial instead.
Frequently Asked Questions
What must a successor judge do before taking over a case mid-trial?
The new judge must certify familiarity with the record and determine that the case can be completed without prejudice to the parties.
Can I make a witness testify again in front of the new judge?
In a hearing or a nonjury trial, yes — a party can request recall of any witness whose testimony is material and disputed, as long as the witness is available to testify again without undue burden.
What happens if a judge becomes unable to continue after the verdict is already in?
Rule 63(b) lets another judge in the district, or a judge or justice the Supreme Court designates, perform the remaining duties, such as ruling on post-trial motions.
When must a successor judge order a new trial instead of finishing the case?
If the successor judge cannot perform the remaining duties — because they did not preside at trial or for any other reason — the rule directs them to grant a new trial.
Does Rule 63 apply to jury trials as well as bench trials?
The witness-recall provision is limited to hearings and nonjury trials, but the general rule allowing a successor judge to step in applies more broadly whenever the original judge cannot proceed.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the
Supreme Court of Wyoming. Last verified July 14, 2026. ·
Official source
Also known as: successor judgejudge unable to proceedsubstitution of judgerecall witness new judge