Ind. Trial Rule 63

Effective January 1, 2026

(A) Disability and unavailability after the trial or hearing.

The judge who presides at the trial of a cause or a hearing at which evidence is received shall,

if available, hear motions and make all decisions and rulings required to be made by the

court relating to the evidence and the conduct of the trial or hearing after the trial or hearing

is concluded. If the judge before whom the trial or hearing was held is not available by reason

of death, sickness, absence or unwillingness to act, then any other judge regularly sitting in

the judicial circuit or assigned to the cause may perform any of the duties to be performed by

the court; but if he is satisfied that he cannot perform those duties because he did not

preside at the trial or for any other reason, he may in his discretion grant a new trial or new

hearing, in whole or in part. The unavailability of any such trial or hearing judge shall be

determined and shown by a court order made by the successor judge at any time.

(B) Judge pro tempore in case of disability, unavailability, or neglect.

(1) When a judge of a court submits a verified petition and supporting proof to the Supreme

Court stating that the judge is or will be unable to perform the duties of the office because of

disability or other basis (e.g., order to military active duty), the Supreme Court shall promptly

consider the petition.

(2) When a person submits a verified petition to the Supreme Court stating that a judge of a

court (a) is unable to perform the duties of the office because of disability or (b) has failed,

refused, or neglected to perform these duties, the Supreme Court shall issue an order to the

judge, accompanied by the petition, requiring the judge to show cause as to why a judge pro

tempore should not be appointed to perform the duties of the office. The order shall set a

date for response and indicate that the judge may request a hearing. The order may include

a date for such a hearing on or after the date set for response. The order shall be served at

least ten (10) days before the date set for response.

(3) If the Supreme Court is satisfied that a petition submitted under subsection (1) or (2)

should be granted, it shall appoint a full-time judge pro tempore to perform the duties of the

office until (a) the term of the office is ended, (b) the office becomes vacant, or (c) the judge’s

ability to resume those duties is established.

(4) A judge who seeks to resume the duties of the office shall submit a verified petition and

supporting proof to the Supreme Court. The judge may request a hearing on the petition.

(5) The Supreme Court may order a judge who has submitted a petition under subsection (1)

to demonstrate that the judge is or remains unable to perform the duties of the office.

(C) Qualifications and authority of a judge pro tempore.

Any judge appointed under this or any other rule or law shall be an attorney in good standing

at the bar of the Supreme Court of this state. In the event the Supreme Court of the state

shall appoint a judge pro tempore under these provisions, a duly certified copy of the order

and judgment of appointment of such judge pro tempore, attested by the chief justice, shall

be issued to the person so appointed. If the person so appointed consents to serve, he shall

be qualified as other judges are qualified. A certified copy of the order and judgment of

appointment shall be filed with the clerk of the named court and entered in the appropriate

records of said court. The person so appointed and qualified as a judge pro tempore shall

perform the duties of the regular judge of the court, but always shall be subject to the continuing jurisdiction of the Supreme Court. In the event any judge pro tempore, appointed

under the provisions of this rule shall fail to qualify and assume the duties of the regular

judge of such court, or in the event such judge pro tempore fails to conduct the business of

the court as provided by law, the clerk of the court shall notify the Supreme Court in writing

of this fact. Upon the receipt of such notification, the Supreme Court may take such action in

the premises, in order to further the administration of justice, as such court may deem to be

necessary and just.

(D) Compensation of judge pro tempore.

A judge pro tempore appointed by the Supreme Court under this rule receives a salary com-

puted at the same rate as the regular judge commencing from the date of qualification. A

judge pro tempore appointed locally must be paid $25 for each day or parts of days actually

served. The judge pro tempore must be paid out of the respective county, city, or town general fund, without an appropriation, upon allowance by the board of county commissioners

of the county or council of the city or town in which the court is located. If appointed locally,

the judge pro tempore must present a claim to the board of county commissioners specifying

the number of days or parts of days actually served, which claim must be verified by the clerk

of the court and the board must allow the claim. If appointed by the Supreme Court, the

judge pro tempore must present a claim to the board with a copy of the appointment from

the Supreme Court, a statement showing the date of qualification verified by the clerk, and a

request for payment in the same manner thereafter as a regular judge, and thereafter the

judge pro tempore must be paid in the same manner as a regular judge. The appointment of

a judge pro tempore does not diminish in any manner the compensation of any regular judge

so long as such regular judge continues in office.

(E) Judge pro tempore when judge is unable to attend.

A judge who is unable to attend and preside at his court for any cause may appoint in writing

a judge pro tempore to conduct the business of this court during his absence. The written

appointment shall be entered in the records of the court. When duly sworn, or without being

sworn if he is a judge of a court of this state, the judge pro tempore shall have the same

authority during the period of his appointment as the judge he replaces. A judge appointed

under this provision must meet the qualifications prescribed in subdivision (C) of this rule.

Such judge shall be allowed the sum of $25.00 for each day or part thereof actually served,

per diem as provided in Rule 79(P) and in the manner provided by subdivision (D) of this rule.

In his absence or when he shall be unable to make such appointment, the appointment may

be made by the clerk of his court, or the deputy clerk assigned to his court or in his absence

by any available county officer.