Rule 25 — Judge’s Disability

Fed. R. Crim. P. 25

• Source: Federal Rules of Criminal Procedure
• Rule: 25
• TITLE VI: TRIAL
• Citation: Fed. R. Crim. P. 25

Text

(a) During Trial. Any judge regularly sitting in or assigned to
the court may complete a jury trial if:
(1) the judge before whom the trial began cannot proceed be-
cause of death, sickness, or other disability; and
(2) the judge completing the trial certifies familiarity with
the trial record.
(b) After a Verdict or Finding of Guilty.
(1) In General. After a verdict or finding of guilty, any judge
regularly sitting in or assigned to a court may complete the
court’s duties if the judge who presided at trial cannot per-
form those duties because of absence, death, sickness, or other
disability.
(2) Granting a New Trial. The successor judge may grant a
new trial if satisfied that:
(A) a judge other than the one who presided at the trial
cannot perform the post-trial duties; or
(B) a new trial is necessary for some other reason.
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug.
1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.)
. Taking Testimony
In every trial the testimony of witnesses must be taken in open
court, unless otherwise provided by a statute or by rules adopted
under 28 U.S.C. §§2072–2077.

Advisory Committee Notes

(As amended Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 2002, eff. Dec. 1, 2002.)