Rule 79.01 – Other Judge Sitting in or Assigned to Court May Perform Judge’s Duties-When

May 13, 2021 | Civil Procedure, Missouri

If by reason of going out of office, 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 are filed, then any other judge sitting in or assigned to the court in which the action was tried may perform those duties; but if such other judge is satisfied that those duties cannot be performed because such judge did not preside at the trial or for any other reason, such judge may grant a new trial.

Mo. R. Civ. P. 79.01

Adopted March 29, 1974, eff. Jan. 1, 1975. Amended Sept. 28, 1993, eff. Jan. 1, 1994.

Committee Note – 1974

Compare: Rule 63 of the Federal Rules of Civil Procedure.

This is the same as prior Rule 80.01.