VI. TRIAL

217

Rule 25: Disability of Judge.

(a) During Trial. Any judge regularly presiding in or who is assigned to a court may complete a jury trial if:

(1) the judge before whom a jury trial has commenced is unable to proceed because of death, sickness, or other disability; and

(2) the judge completing the trial certifies that he or she has become familiar with the record of the trial.

(b) After Verdict of Guilt.

(1) In General. After a verdict of guilty, any judge regularly presiding in or who is assigned to a court may complete the court’s duties if the judge before whom the trial began cannot proceed because of absence, death, sickness, or other disability.

(2) Granting a New Trial. The successor judge may grant a new trial when that judge concludes that he or she cannot perform those duties because of the failure to preside at the trial or for any other reason.

Advisory Commission Comment.

This rule is similar to the current federal rule and is also what the Law Revision Commission proposed in its §§ 40-1941, 40-1942.

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