N.M. R. Civ. P. Dist. Ct. 1-063
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. The successor judge may recall any witness.
N.M. R. Civ. P. Dist. Ct. 1-063
ANNOTATIONS The 1995 amendment, effective January 1, 1995, rewrote the rule heading which read "Disability of a judge" and rewrote the rule. Successor judge's authority to enter findings of fact and conclusions of law prepared by predecessor. - A successor judge's lack of authority to enter findings of fact and conclusions of law prepared by his predecessor, when he had not heard any of the evidence, was not jurisdictional error nor could it be raised for the first time on appeal under the doctrine of fundamental error. Grudzina v. New Mexico Youth Diagnostic & Dev. Center, 1986-NMCA-047, 104 N.M. 576, 725 P.2d 255. Replacement judge had judicial power to hear and determine defendant's motion for new trial where original judge had resigned after entering an order amending a decree of divorce. Gruber v. Gruber, 1974-NMSC-055, 86 N.M. 327, 523 P.2d 1353. Successor judge may not sign decision of initial judge. - Even though the initial trial judge prepared the findings of fact and conclusions of law, the successor judge had no power to sign and enter a decision in the case, where there was no decision written, signed or entered before the initial trial judge left the position. Pritchard v. Halliburton Servs., 1986-NMCA-018, 104 N.M. 102, 717 P.2d 78. Law reviews. - For annual survey of civil procedure in New Mexico, see 18 N.M.L. Rev. 287 (1988). Am. Jur. 2d, A.L.R. and C.J.S. references. - 46 Am. Jur. 2d Judges §§30 et seq., 248, 251. Journalization by judge of finding or decision of predecessor, 4 A.L.R.2d 584. Power of successor judge taking office during term time to vacate, etc., judgment entered by his predecessor, 11 A.L.R.2d 1117. Power of successor judge taking office during term time to vacate, set aside, or annul judgment entered by his or her predecessor, 51 A.L.R.5th 747. Power of successor or substituted judge, in civil case, to render decision or enter judgment on testimony heard by predecessor, 84 A.L.R.5th 399. 48A C.J.S. Judges §§ 161 to 185.