RULE 63. INABILITY OF A JUDGE TO PROCEED
If a trial or hearing has been commenced and the judge is unable to proceed, any other judge 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 judge 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 judge may also recall any other witness.
EXPLANATORY NOTE
Rule 63 is identical to Rule 63, FRCivP, except for style changes.
Rule 63 was amended, effective March 1, 1990, to follow the 1987 amendment to the federal rule. The amendment is technical in nature and no substantive change is intended.
Rule 63 was amended, effective March 1, 1994, to track the 1991 federal amendment by expanding the situations in which a new judge may take over a case. The amendment provides for substitution of a new judge during proceedings. Formerly, substitution was only allowed in cases of disability after the verdict was returned or findings of fact and conclusions of law were filed. To avoid injustice, the successor judge is required to certify familiarity with the record and to determine that the case may be completed before the judge without prejudice to the parties. This will necessarily require that there be available a transcript or a videotape of the proceedings prior to substitution.
Sources: Procedure Committee Minutes of January 28-29, 1993, page 10; April 20, 1989, page 2; December 3, 1987, page 11; November 29-30, 1979, page 20; Rule 63, FRCivP.