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WY · rules

W.R.C.P. 63

Judge’s Inability to Proceed

activein force · 2017-03-01 – presentact-effective-date

(a) 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.

(b) After verdict or filing of findings of fact and conclusions of law. — If by

reason of death, sickness, or other disability, a judge before whom an action has

been tried is unable to perform the duties to be performed by the court under

these rules after a verdict is returned or findings of fact and conclusions of law

are filed, then any other judge sitting in or assigned to the district in which the

action was tried or any active or retired district judge or supreme court justice

designated by the supreme court may perform those duties; but if the successor

judge cannot perform those duties because the successor judge did not preside

at the trial or for any other reason, the successor judge may grant a new trial.

History

History: Added February 2, 2017, effective March 1, 2017.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
e0bd851fb2ff58a939425bc472f3fe33f541ee9c31d0188a38dd7dad50542537
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W.R.C.P. 63 — Judge’s Inability to Proceed · binding.law