Rule · Federal Rules of Civil Procedure
Fed. R. Civ. P. 63 — Judge’s Inability to Proceed
Fed. R. Civ. P. 63
- Type
- Rule
- Source
- Federal Rules of Civil Procedure
- Jurisdiction
- Federal
- Date
- 2026-10-22
- Current through
- Nov 10, 2026 (Office of the Law Revision Counsel)
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.
Citator
Fed. R. Civ. P. 63 — Judge’s Inability to Proceed is in force in the current edition of the Code, and nothing recorded condemns it.
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.