RULE 63. DISABILITY OR DISQUALIFICATIONS OF A JUDGE.
- If by reason of death, sickness, or other disability a Judge before whom an action has been tried is unable to perform the duties under these rules after a verdict is returned, or Findings of Fact and Conclusions of Law are filed, then in such event, any other Judge assigned or sitting in the Court may perform those duties. However, if such other Judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.
- Whenever a party to an action or proceeding or his attorney shall make and file an affidavit to the effect that he believes that he may not receive a fair trial before such Judge before whom such action is pending, such Judge shall automatically disqualify himself and shall proceed no further in the matter except to call in another Judge to hear and determine the case. No reasons need be stated in the affidavit. However, an affidavit can only be filed by a party once in any proceedings.
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