Judge’s Disability

U.S Code last checked for updates: Jan 30, 2025

Rule 25.

Judge’s Disability

(a)

During Trial.

Any judge regularly sitting in or assigned to the court may complete a jury trial if:

(1)

the judge before whom the trial began cannot proceed because of death, sickness, or other disability; and

(2)

the judge completing the trial certifies familiarity with the trial record.

(b)

After a Verdict or Finding of Guilty.

(1)

In General. After a verdict or finding of guilty, any judge regularly sitting in or assigned to a court may complete the court’s duties if the judge who presided at trial cannot perform those duties because of absence, death, sickness, or other disability.

(2)

Granting a New Trial. The successor judge may grant a new trial if satisfied that:

(A)

a judge other than the one who presided at the trial cannot perform the post-trial duties; or

(B)

a new trial is necessary for some other reason.

(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002.)