C.r.c.p. 63
If by reason of death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after a verdict is returned or findings of fact and conclusions of law are filed, then any other judge sitting in or assigned to the court in which the action was tried may perform those duties; but if such other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.
C.r.c.p. 63
Annotation Law reviews. For article, "Judgment: Rules 54-63 ", see 23 Rocky Mt. L. Rev. 581 (1951). "Disability" construed. "Disability" includes anything that renders a judge incapable of performing his legal duties. Faris v. Rothenberg, 648 P.2d 1089 (Colo. 1982). "Disability", under this rule, includes resignation. Faris v. Rothenberg, 648 P.2d 1089 (Colo. 1982); Friedman v. Colo. Nat. Bank, 825 P.2d 1033 (Colo. App. 1991), aff'd in part and rev'd on other grounds, 846 P.2d 159 (Colo. 1993). This rule specifically provides that a successor judge may complete a case providing a verdict is returned or findings of fact and conclusions of law are filed. Sunshine v. Sunshine, 30 Colo. App. 67, 488 P.2d 1131 (1971). This rule does not give a successor judge authority to determine the credibility of witnesses or compare and weigh testimony. Sunshine v. Sunshine, 30 Colo. App. 67, 488 P.2d 1131 (1971); Friedman v. Colo. Nat. Bank, 825 P.2d 1033 (Colo. App. 1991), aff'd in part and rev'd on other grounds, 846 P.2d 159 (Colo. 1993). Successor judge has discretion to rule on a motion for new trial which challenges the sufficiency of the evidence. Faris v. Rothenberg, 648 P.2d 1089 (Colo. 1982); Murphy v. Glenn, 964 P.2d 581 (Colo. App. 1998). A successor judge may consider challenges to rulings of law presented in a motion for a new trial. Faris v. Rothenberg, 648 P.2d 1089 (Colo. 1982). A successor judge may grant a new trial upon a determination that he or she is unable to rule on post-trial matters as a result of not having been at the original trial. Murphy v. Glenn, 964 P.2d 581 (Colo. App. 1998). Successor judge may pass on original judge's award of attorney fees. Friedman v. Colo. Nat. Bank, 825 P.2d 1033 (Colo. App. 1991), aff'd in part and rev'd on other grounds, 846 P.2d 159 (Colo. 1993). Rule inapplicable where findings and conclusions are void. This rule does not apply to a situation where the findings of fact and conclusions of law which have been filed are void. Merchants Mtg. & Trust Corp. v. Jenkins, 659 P.2d 690 (Colo. 1983). Interpretation of federal cases persuasive. Because F.R.C.P. 63 is identical to this rule, federal cases and authorities interpreting the federal rule are highly persuasive. Faris v. Rothenberg, 648 P.2d 1089 (Colo. 1982).