Rule 5.614 Court’s calling or examining a witness

A judge does not usually pick which witnesses testify. That job normally belongs to the lawyers on each side. But this rule says a judge can call their own witness to the stand if there is a good reason and the case truly calls for it. If the judge does this, every party in the case still gets the chance to cross-examine that witness, just like any other witness.

The rule also lets a judge ask questions of a witness, no matter which side originally called that witness to testify. Judges do not do this often, but it can happen when the judge feels more information is needed to understand the testimony or move the case along fairly.

If someone disagrees with the judge calling or questioning a witness, they can object. They can raise the objection right when it happens, or they can wait and raise it later, as long as the jury is out of the room at that time. This gives lawyers a way to protect their client's rights without having to argue with the judge in front of the jury.