§ Rule 63 Judge's Inability to Proceed

Codes > North Dakota Century Code > North Dakota > VII Judgment > Rule 63

Rule 63. Judge's Inability to 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.