Art. 1791 Comment on facts by judge prohibited

When a jury is hearing a case, the judge has to stay neutral about the facts. The judge cannot talk about the evidence in front of the jury, summarize what witnesses said, or give any opinion about which side has proven their case. This means the judge cannot hint to the jury about who seems to be telling the truth or which facts seem stronger.

This rule exists to protect the jury's role as the one who decides the facts. Juries are supposed to weigh the evidence and reach their own conclusions without the judge steering them one way or the other. If a judge said something like "the witness seemed confused" or "the plaintiff clearly proved that point," it could unfairly influence how the jury sees the case.

For people involved in a lawsuit, this rule means you can expect the judge to act as a referee, not as someone pushing the case toward one side. If a judge breaks this rule and comments on the facts in front of the jury, it can become grounds for an appeal, since it may have unfairly swayed the jury's decision.