Inability of a judge to proceed; disqualification

Justice of the Peace Court Civil Rules

Rule: 63

Jurisdiction: DE

Bluebook Citation: Del. J.P. Ct. Civ. R. 63

(a) Inability of a judge to proceed. -- If for any reason a judge before whom any matter has been tried or heard is thereafter unable to perform the duties to be performed by the Court under these Rules, then another judge may perform those duties. If necessary to prevent prejudice to the parties, the successor judge may grant a new trial or rehearing. (b) Disqualification. -- If at any time prior to the trial of any action, during the trial of any action, or at the conclusion of the trial of any action, any judge cannot perform the duties to be performed by the Court under these Rules, or it should appear to the judge that any situation has arisen which affects the ability of the judge to be impartial in the conduct of the trial or the rendering of the decision, the judge shall be disqualified from any other proceedings in the cause. In the event the trial has either concluded or started, the judge shall thereupon order a new trial of the action. VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS.

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