Rule 63 Judge’s Inability to Proceed

(a) 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. 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.

(b) After 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 chancery court under these rules after findings of fact and conclusions of law are filed, then any other judge sitting in or assigned, 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.