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What happens if, during an ongoing trial, the presiding judge dies, is injured, or otherwise is unable to finish the trial?

Nzall
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2 Answers2

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Criminal trials

Under s. 669.2 of the Criminal Code, where a judge dies or is for any reason unable to continue, the proceedings may be continued before another judge.

If it was a judge-alone trial, the judge shall "commence the trial again as if no evidence on the merits had been taken."

If there was a jury, the judge may

  • continue the trial, or
  • commence the trial again as if no evidence on the merits had been taken.

Civil trials

In a civil trial, this will depend on the province, but in Ontario:

Where a judge has commenced hearing a matter sitting alone and ... dies without giving a decision ... a party may make a motion to the chief judge for an order that the matter be reheard.

Jen
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9

Under Criminal Rule 25, a new judge will be appointed to hear the case. That judge can either familiarize himself with the record and resume the trial, or he can order a new trial.

bdb484
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