Rule 63 – Inability of a judicial officer to Proceed

May 15, 2021 | Delaware, Family Law

If a trial or hearing has been commenced and the judicial officer is unable to proceed, any other judicial officer may proceed with it upon certifying familiarity with the record and determining that the proceedings in the case may be completed without prejudice to the parties. The successor shall at the request of a party recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judicial officer may also recall any other witness.

Del. Fam. Ct. R. Civ. P. 63

Amended June 14, 2020, effective September 1, 2020.