§ Rule 63 Disability of A Judge

Codes > Wyoming Rules of Civil Procedure > VII Judgment > Rule 63

Rule 63. Disability of A Judge

    (a) During Trial or Hearing. 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.

   (b) After Verdict or Filing of Findings of Fact and Conclusions of Law. If by reason of death, sickness, or other disability, a
judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after a verdict is returned or findings of fact and conclusions of law are filed, then any other judge sitting in or assigned to the district in which the action was tried or any active or retired district judge or supreme court justice designated by the supreme court may perform those duties; but if the successor judge cannot perform those duties because the successor judge did not preside at the trial or for any other reason, the successor judge may grant a new trial.