or a nonjury 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. (b) After verdict or filing of findings of fact and conclusions of law. — If by reason of death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after a verdict is returned or findings of fact and conclusions of law are filed, then any other judge sitting in or assigned to the district in which the action was tried or any active or retired district judge or supreme court justice designated by the supreme court may perform those duties; but if the successor judge cannot perform those duties because the successor judge did not preside at the trial or for any other reason, the successor judge may grant a new trial. History: Added February 2, 2017, effective March 1, 2017. Source. — Subdivision (a) of this rule is similar to Rule 63 of the Federal Rules of Civil Procedure. Law reviews. — For comment, “Article VI of the Wyoming Rules of Evidence: Witnesses,” see XIII Land & Water L. Rev. 909 (1978). Waiver.— In a case in which defendant ap- pealed from a decree of divorce entered by a successor district court judge after the judge who conducted the trial retired, the Supreme Court concluded that defendant waived his right to appeal the propriety of the district court’s procedure; defendant made no objection to the district court’s ability to proceed and, in fact, affirmatively requested the district court resolve the case solely on the transcript. Baker v. Baker, 2023 WY 121, 539 P.3d 412, 2023 Wyo. LEXIS 123 (Wyo. 2023). VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS