Change proposed to civil rule dealing with incapacity of judge

by Kris Olson

Members of the legal community are invited to offer comments by Oct. 6 on a proposed amendment to Rule 63 of the Massachusetts Rules of Civil Procedure dealing with the incapacity of a judge in a civil action.

The chief justice of the Superior Court had requested that Rule 63 be amended to make civil practice consistent with criminal practice, the draft reporter’s notes explain.

Rule 38 of the Massachusetts Rules of Criminal Procedure allows replacement of a judge during a jury trial where the judge is unable to proceed “by reason of death, sickness, or other disability.”

The Supreme Judicial Court’s Standing Advisory Committee on the Rules of Civil Procedure agreed that Rule 63 should be broadened to deal with incapacity of a judge at any time in the litigation process.

The amendments would allow the chief justice of the court to assign another judge to complete a trial where the trial judge has become “unavailable” after a trial has begun. They also make clear that any judge of the court may receive a jury verdict, even absent incapacity or disability.

Comments should be directed to Christine Burak, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston, MA, 02108, on or before Oct. 6.

Comments can also be emailed to christine.burak@jud.state.ma.us. Comments received will be made available to the public.

Full Article & Source:
Change proposed to civil rule dealing with incapacity of judge