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Section/Rule:
79.01
Subject:
Rule 79 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Assignment of Judges in Case of Disability
Publication / Adopted Date:
March 29, 1974
Topic:
Other Judge Sitting in or Assigned to Court May Perform Judge's Duties - When
Revised / Effective Date:
January 1, 1994
79.01. Other Judge Sitting in or Assigned to Court May Perform Judge's Duties - When
If by reason of going out of office, 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 are filed, then any other judge sitting in or assigned to the court in which the action was tried may perform those duties; but if such other judge is satisfied that those duties cannot be performed because such judge did not preside at the trial or for any other reason, such judge may grant a new trial.
(Adopted March 29, 1974, eff. Jan. 1, 1975. Amended Sept. 28, 1993, eff. Jan. 1, 1994.)
Committee Note - 1974
Compare:
Rule
63
of the Federal Rules of Civil Procedure.
This is the same as prior Rule
80.01
.