§63.5 Purpose and Procedure

• Jurisdiction: Washington

§63.5PURPOSE AND PROCEDURE

This section discusses the circumstances in which CR 63 applies and the options it provides to a successor judge and the parties.

(1)Purpose

CR 63 is an exception to the general principle that a successor judge cannot act on a decision when he or she did not preside at the hearing of the matter. RCW 2.28.030(2). CR 63 grants a successor judge the authority to act after a verdict has been returned or findings of fact and conclusions of law have been filed. If, however, the successor judge finds that the postverdict or postfindings judicial actions cannot be performed for any reason, the successor judge can order a new trial. CR 63 does not permit a successor judge to act if the verdict has not been returned or findings and conclusions have not been filed.

The principles underlying CR 63 often are triggered when a case is remanded following appeal and the original trial judge has retired, become disabled, or died pending the appeal. In these circumstances, a successor judge is not permitted to make factual determinations...