TITLE SIX — WITNESSES
Rule 614. Calling and Examination of Witnesses by Court or Jurors
Calling. When necessary in the interest of justice, the court may call a witness on its own or at a party’s request. Each party is entitled to cross-examine the witness.
Examining by Court. The court may examine a witness to clarify an issue, to prevent perjury, or to develop trustworthy testimony, provided that the judge remains impartial.
Objections. A party may object to the court’s calling or examining a witness, but the objection should be made outside the presence of the jury.
Examining by Jurors. The court, in its discretion, may allow questions posed by the jury, subject to the following procedures:
The judge should instruct the jury that they will be given the opportunity to pose questions to witnesses.
Jurors’ questions need not be limited to important matters, but may also seek clarification of a witness’s testimony.
The judge should emphasize to jurors that, although they are not expected to understand the technical rules of evidence, their questions must comply with those rules, and so the judge may have to alter or to refuse a particular question.
The judge should emphasize that, if a particular question is altered or refused, the juror who poses the question must not be offended or hold that against either party.
The judge should tell the jurors that they should not give the answers to their own questions or questions by other jurors a disproportionate weight.
These instructions should be given before the testimony begins and repeated during the final charge to the jury before they begin deliberations.
All questions should be submitted in writing to the judge.
On submission of questions, counsel should have an opportunity, outside the hearing of the jury, to examine the questions with the judge, make any suggestions, or register objections.
Counsel should be given an opportunity to reexamine a witness after juror interrogation with respect to the subject matter of the juror questions.
Application of Subdivision (4). A petit jury sits only upon a charge of treason, as 6 R. Stat. §§ 131.111 and 131.306 provide, and in a civil action in which a jury has been demanded and allowed. Subdivision (4) has no application in a trial without a jury.
Examination by the Court in a Trial Without a Jury.
Scope. Where the court is the trier of fact, the court may examine a witness upon any matter relevant to an issue in the case. The court shall not assume the role of an advocate, shall not examine a witness in a manner which conveys the court’s view of the witness’s credibility or of the merits, and shall not supply an element of a party’s case which that party has not undertaken to prove.
Opportunity to Examine. After the court examines a witness, each party shall be afforded an opportunity to examine the witness upon the subject matter of the court’s questions.
Record. The court’s examination is conducted upon the record in the proceeding communications.
Preserving an Objection. An objection to the court’s calling or examining a witness may be made at the time or at the next available opportunity when the jury is not present, and, in a trial without a jury, upon the record when the question is put or immediately after the answer. An objection so made preserves the point without repetition as to each subsequent question upon the same subject, as Rid. R. Crim. P. 22 provides.
Witnesses Called by the Court. A witness called by the court is not the witness of any party. The restriction in Rule 607(1) upon the party who calls a witness does not apply, and every party may impeach a witness called by the court by any method stated in Rule 607(2).