Rule 63.Inability of a Judge to Proceed.

Last amended January 1, 2000 · Last verified July 3, 2026

In one sentenceRule 63 lets a different judge take over a trial or hearing already underway if the original judge can no longer proceed.

Full Text of Rule 63

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If a trial or hearing has been commenced and the judge is unable to proceed, any other judge 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. In a hearing or trial without a jury, the successor judge 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 judge may also recall any other witness.

End

Amendment History

Amended May 15, 1972, effective July 1, 1972

further amended December 7, 1999, effective January 1, 2000

Plain-English Summary

If trial or a hearing has already started and the assigned judge can't continue, another judge may step in and proceed with the case, after certifying familiarity with the record and confirming the case can be completed without prejudice to the parties.

In a bench trial or hearing, the successor judge must, if a party asks, recall any witness whose testimony is both material and disputed and who's available to testify again without undue burden, and may recall any other witness as well.

Frequently Asked Questions

What happens if a judge becomes unable to finish a trial already underway?

Another judge may take over and proceed, after certifying familiarity with the record and finding the case can be completed without prejudice to the parties.

Can a party ask the new judge to hear a witness again?

Yes, in a bench trial or hearing, the successor judge must recall a witness on request if the testimony is material and disputed and the witness is available without undue burden.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 63). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: successor judgeinability of judge to proceedjudicial substitution mid-trial