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Rule 18. When Judge Dies During Term


If the judge dies during the session of court duly convened for the term and the time provided by law for holding of said court has not expired, such death shall not operate to adjourn said court for the term, but the court shall be deemed at recess for not exceeding six days, and if no successor be appointed or elected during said recess, or if a person appointed or elected does not qualify and assume the duties of office during said recess, then the court shall be deemed to have adjourned. If a successor to such judge shall qualify and assume office during said recess, he may continue to hold said court for the term as provided, and all motions undisposed of shall be heard and determined by him, and statements of facts and bills of exception shall be approved by him. If the time for holding such court expire or the recess expire before a successor shall qualify, then all motions pending, including those for new trial, shall stand as continued in force until such successor has qualified and assumed office, and he shall have power to act on them at the succeeding term, or on an earlier day in vacation on notice to all parties to the motion, and such orders shall have the same effect as if rendered in term time. The time of allowing statement of facts and bills of exception from such order shall date from the time the motion was decided.

Source: Art. 2288, with minor textual change.

Oct. 29, 1940, eff. Sept. 1, 1941.


June 16, 1943, eff. Dec. 31, 1943