SC · rules
SCRCP 63
Disability of a Judge
If at any time after a trial or hearing has been commenced, but before the final order or judgment has
been issued, the judge is unable to proceed, a successor judge shall be assigned. The successor judge
may proceed upon certifying familiarity with the record and determining that the proceedings may be
completed without prejudice to the parties. In a hearing or a trial without a jury, the successor judge
shall, at the request of a party, recall any witness whose testimony is material and disputed and who is
available to testify without undue burden. A successor judge may also provide for the recall of any
witnesses.
Note to 2004 Amendment:
The 2004 Amendment rewrote this Rule to provide a clear procedure when a judge
who has heard some or all of a case is unable to proceed. The language is similar to
Rule 63 of the Federal Rules of Civil Procedure.
Amended by Order dated April 28, 2004.
Provenance
- Source
- www.sccourts.org
- Retrieved
- 2026-10-02
- Edition
- supplied-sc-01-print-version-2026-10-02
- Content hash
ca6a3f22ac9a4fe979eff927b010414bfb15134bfdb751ae262ca3e799311c43
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