Judge’s Inability to Proceed

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. In a hearing or a trial, 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. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008.) 85 RCFC 62.1 and 63 Rules Committee Notes 2002 Revision Subdivisions (b) and (c) of the court’s prior rule were deleted as unnecessary. The substance of each of these former subdivisions is covered in 28 U.S.C. § 455 and in the Codes of Conduct for Judges and Judicial Employees. RCFC 63 as rewritten is essentially identical to FRCP 63. 2008 Amendment The language of RCFC 63 has been amended to conform to the general restyling of the FRCP. RCFC 63 cont. 86 TITLE VIII. PROVISIONAL AND FINAL REMEDIES