Rules of Court · Part 1 · New Jersey
R. 1:12-3 New Jersey Rules of Court, R. 1:12-3: Proceedings in the Trial Courts in the Event of Disqualification or Inability, rendered as code with every cross-reference linked
Proceedings in the Trial Courts in the Event of Disqualification or Inability
(a) Before or After Trial; Designation. In the event of the disqualification or inability for any reason of a judge to hear any pending matter before or after trial, another judge of the court in which the matter is pending or a judge temporarily assigned to hear the matter shall be designated by the Chief Justice or by the Assignment Judge of the county where the matter is pending except that in the municipal court the Assignment Judge shall designate the acting judge and in the Tax Court the Chief Justice or the Presiding Judge of the Tax Court shall designate another Tax Court judge.
(b) During Trial. If a judge is prevented during a trial from continuing to preside therein, another judge may be designated to complete the trial as if having presided from its commencement, provided, however, that the substituted judge is able to become familiar with the proceedings and all of the testimony therein through a complete transcript thereof.
(c) Disposition in the Interest of Justice. No substituted judge shall continue the trial in any matter pursuant to this rule unless satisfied, under the circumstances, that the judicial duties can fairly be discharged. If not so satisfied, the substituted judge shall make such disposition as the circumstances warrant, as where trial has taken place, by ordering a new trial or, in a case tried without a jury, by directing the recall of any witness.
Note: Source-R.R. 3:7-4(a), (b), (c), 4:65, 6:2-1(b), 8:7-9, 8:13-2; paragraph (a) amended November 27, 1974 to be effective April 1, 1975; paragraph (a) amended June 20, 1979 to be effective July 1, 1979; paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 1:12-3 "Proceedings in the Trial Courts in the Event of Disqualification or Inability" {
(a) Before or After Trial; Designation. In the event of the disqualification or inability for any reason of a judge to hear any pending matter before or after trial, another judge of the court in which the matter is pending or a judge temporarily assigned to hear the matter shall be designated by the Chief Justice or by the Assignment Judge of the county where the matter is pending except that in the municipal court the Assignment Judge shall designate the acting judge and in the Tax Court the Chief Justice or the Presiding Judge of the Tax Court shall designate another Tax Court judge.
(b) During Trial. If a judge is prevented during a trial from continuing to preside therein, another judge may be designated to complete the trial as if having presided from its commencement, provided, however, that the substituted judge is able to become familiar with the proceedings and all of the testimony therein through a complete transcript thereof.
(c) Disposition in the Interest of Justice. No substituted judge shall continue the trial in any matter pursuant to this rule unless satisfied, under the circumstances, that the judicial duties can fairly be discharged. If not so satisfied, the substituted judge shall make such disposition as the circumstances warrant, as where trial has taken place, by ordering a new trial or, in a case tried without a jury, by directing the recall of any witness.
Note: Source-R.R. 3:7-4(a), (b), (c), 4:65, 6:2-1(b), 8:7-9, 8:13-2; paragraph (a) amended November 27, 1974 to be effective April 1, 1975; paragraph (a) amended June 20, 1979 to be effective July 1, 1979; paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994.
}
referenced_by: 1:11-3, 7:8-2
source: njcourts.gov // verbatim; changed 2025-09-23; corpus harvested 2026-09-02← R. 1:12-2 · chapter 1:12 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.