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W.R.C.P.Ch.C. 63

Judge’s Inability to Proceed

activein force · 2021-12-01 – 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. 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 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 chancery court

under these rules after findings of fact and conclusions of law are filed, then

any other judge sitting in or assigned, 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: Adopted September 21, 2021, effective December 1, 2021.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
1eca013043fb8155962d7563e53658582e5472e448c24568c5578172ba649a29
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W.R.C.P.Ch.C. 63 — Judge’s Inability to Proceed · binding.law