Fed. R. Civ. P. 63 — Judge’s Inability to Proceed

Federal Rules of Civil Procedure

Rule 63 — Judge’s Inability to Proceed

Fed. R. Civ. P. 63

Rule63

TITLE VIIJUDGMENT

CitationFed. R. Civ. P. 63

This text of Fed. R. Civ. P. 63 (Judge’s Inability to Proceed) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fed. R. Civ. P. 63.

Text

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 suc-
cessor 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.

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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 suc-
cessor 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.

Advisory Committee Notes

(As amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.)

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Bluebook (online)

Fed. R. Civ. P. 63, Counsel Stack Legal Research, https://law.counselstack.com/rule/frcp/63.