§ 1:12-3 Proceedings in the Trial Courts in the Event of Disqualification or Inability

Codes > New Jersey Statutes > Part I > Chapter I : Rule 1:12 > 1:12-3 Proceedings

1:12-3. Proceedings in the Trial Courts in the Event of Disqualification or Inability

    (a) Before or After Trial; Designation. In the event of the disqualification or inability for any reason of a judge to hear any
pending matter before or after trial, another judge of the court in which the matter is pending or a judge temporarily assigned to hear the matter shall be designated by the Chief Justice or by the Assignment Judge of the county where the matter is pending except that in the municipal court the Assignment Judge shall designate the acting judge and in the Tax Court the Chief Justice or the Presiding Judge of the Tax Court shall designate another Tax Court judge.

    (b) During Trial. If a judge is prevented during a trial from continuing to preside therein, another judge may be designated to
complete the trial as if having presided from its commencement, provided, however, that the substituted judge is able to become familiar with the proceedings and all of the testimony therein through a complete transcript thereof.

    (c) Disposition in the Interest of Justice. No substituted judge shall continue the trial in any matter pursuant to this rule unless satisfied, under the circumstances, that the judicial duties can fairly be discharged. If not so satisfied, the substituted judge shall make such disposition as the circumstances warrant, as where trial has taken place, by ordering a new trial or, in a case tried without a jury, by directing the recall of any witness.