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Rule 63 – Judge’s Inability to Proceed

May 13, 2021 | Civil Procedure, Mississippi

(a) During Trial. If for any reason the judge before whom an action has been commenced is unable to proceed with the trial, another judge regularly sitting in or assigned under law to the court in which the action is pending may proceed with and finish the trial upon certifying in the record that he has familiarized himself with the record of the trial; but if such other judge is satisfied that he cannot adequately familiarize himself with the record, he may in his discretion grant a new trial.
(b) After Verdict or Findings. If for any reason the judge before whom an action has been tried is unable to perform the duties to be performed by the court after a verdict is returned, or after the hearing of a nonjury action, then any other judge regularly sitting in or assigned under law to the court in which the action was tried may perform those duties; but if such other judge is satisfied that he cannot perform those duties, he may in his discretion grant a new trial.

Miss. R. Civ. P. 63

Amended effective July 1, 2020.

Advisory Committee Historical Note

Effective July 1, 2020, the caption for Rule 62 was amended to refer to a judge’s inability to proceed rather than a judge’s disability.