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

Fed. R. Civ. P. 63 (Judge’s Inability to Proceed) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.)