State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_63

Rule 63. Disability of ajudge.

If by reason of death,sickness or other disability, resignation, retirement, expiration of term,removal from office, or other reason, a judge before whom an action has beentried or a hearing has been held is unable to perform the duties to beperformed by the court under these rules after a verdict is returned or a trialor hearing is otherwise concluded, then those duties, including entry ofjudgment, may be performed:

(1)        In actions in thesuperior court by the judge senior in point of continuous service on thesuperior court regularly holding the courts of the district. If this judge isunder a disability, then the resident judge of the district senior in point ofservice on the superior court may perform those duties. If a resident judge,while holding court in the judge's own district suffers disability and there isno other resident judge of the district, such duties may be performed by ajudge of the superior court designated by the Chief Justice of the Supreme Court.

(2)        In actions in thedistrict court, by the chief judge of the district, or if the chief judge isdisabled, by any judge of the district court designated by the Director of theAdministrative Office of the Courts.

If the substituted judge issatisfied that he or she cannot perform those duties because the judge did notpreside at the trial or hearing or for any other reason, the judge may, in thejudge's discretion, grant a new trial or hearing. (1967, c. 954, s. 1; 2001‑379,s. 7.)