DISABILITY OF JUDGE

If by reason of death, sickness, or other disability, or absence from the State, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules, then any other judge regularly sitting in or assigned to the court in which the action was tried may perform those duties; but if the substitute judge cannot perform those duties because that judge did not preside at the trial or for any other reason, the substitute judge has the discretion to grant a new trial. (Amended effective December 6, 1996.) COMMENTS: Retains DCRCP Rule 62 (HRCP Rule 62 is identical) with changes to gender neutral language and clarifies language in the case of a substitute judge. ARTICLE VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS