Rule 808 Judge’s Inability to Proceed

If a judge finishes a case and makes findings of fact and conclusions of law, but then can't finish the rest of the job because of death, illness, or some other problem, another judge can step in. This replacement judge must regularly work in or be assigned to that same court.

The new judge can pick up where the first judge left off and complete the remaining duties. But if the new judge doesn't have enough information to do this fairly, like if they can't tell what the first judge intended based on the record, they can order a new trial instead. This gives everyone involved a fresh start with a judge who can see the case through from that point forward.