(a) Replacement Judge May Proceed. If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties. In a hearing or a nonjury trial, the successor judge must, at a party’s request, 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.
Rule 63.Judge’s Inability to Proceed
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 63 lets a substitute judge take over a hearing or trial when the original judge cannot proceed — after certifying familiarity with the record and ensuring no prejudice — with the successor assigned by the Chief Justice.
Full Text of Rule 63
(b) Chief Justice to Assign. The successor judge shall be assigned by the chief justice of the supreme court by written order and may be from a different district.
Plain-English Summary
If the judge handling a case becomes unable to continue, Rule 63 keeps the case moving. Any other judge may proceed after certifying familiarity with the record and determining that the case can be completed without prejudice to the parties. In a hearing or bench trial, the successor judge must, on a party's request, recall any material, disputed witness who can testify again without undue burden. The successor judge is assigned by the Chief Justice of the Supreme Court and may come from a different district.
Frequently Asked Questions
What happens if the judge can't finish a case?
Another judge may take over after certifying familiarity with the record and determining the case can be completed without prejudice. In a bench trial, the new judge must recall material, disputed witnesses on request.
Who assigns the replacement judge?
The Chief Justice of the Montana Supreme Court, by written order; the successor may be from a different district.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as: judge inabilitydisqualification of judgesubstitute judge