If a trial or hearing has been commenced and the judge is unable to proceed, any other judge may proceed with it upon certifying familiarity with the record and determining that the proceedings in the case may be completed without prejudice to the parties. In a hearing or trial without a jury, the successor judge shall at the request of a party recall any witness whose testimony is material and disputed and who is available to testify again without undue burden. The successor judge may also recall any other witness. But if such successor judge cannot perform those duties because the successor judge did not preside at the trial or for any other reason, the successor judge may, in that judge’s discretion, grant a new trial.
[As amended; effective January 1, 2005.]
The revision substantially replaces the former rule and conforms, in large part, to the 1991 amendment to the federal rule. The former rule was limited to disability of the judge and did not specifically provide for disqualification or other reasons that a judge might withdraw from a case. It was also limited to a judge’s withdrawal after trial. The revised rule applies when the judge “is unable to proceed” and is not limited to withdrawal after trial. The federal rule is revised by retaining, as the last sentence, language from the former Nevada rule that gives the successor judge broad discretion to grant a new trial.