Rule 63. Disability of a Judge

• Library: South Carolina Rules Annotated (SCBar) (2021 Ed.)

RULE 63. DISABILITY OF A JUDGE

If at any time after a trial or hearing has been commenced, but before the final order or judgment has been issued, the judge is unable to proceed, a successor judge shall be assigned. The successor judge may proceed upon certifying familiarity with the record and determining that the proceedings may be completed without prejudice to the parties. In a hearing or a 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 without undue burden. A successor judge may also provide for the recall of any witnesses.

Notes:

This Rule is the same as Federal Rule 63 with additions to provide for the problems presented by the circuit system. It will supplement, but not supersede, Code § 14-5-370, which permits the judge of an adjoining circuit to act if there is a circuit without a resident judge, and no other special or regular judge is presiding therein.

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