Part X · Judgments and Decrees

Rule 88. Judge's Inability to Proceed

Amended January 1, 2025 (current)

If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed with the hearing or trial if that judge certifies familiarity with the record and determines that the action may be completed without prejudice to the parties. If an adequate record is unavailable, the replacement judge must recall any witness if all of the following are true:

(a) it is requested by a party;

(b) the testimony is material and disputed; and

(c) the witness is available to testify again without undue burden.