RULE 614. COURT'S CALLING
INTERROGATION OF WITNESSES BY
COURT OR EXAMINING A WITNESS
(a) Calling by court. The court, on its own motion or at the suggestion of a party,
witnesses, and all parties are entitled to cross-examine witnesses thus called.
(a) Calling. The court may call a witness on its own or at a party's request. Each party is entitled to cross-examine the witness.
(b) Interrogation by court. The court may interrogate witnesses, whether called by
or by a party.
(b) Examining. The court may examine a witness regardless of who calls the witness.
(c) Objections. Objections to the calling of witnesses by the court or to
interrogation by it
or to specific questions by it may be made at the time or at the next available opportunity
when the jury is not present.
(c) Objections. A party may object to the court's calling or examining a witness either at that time or at the next opportunity when the jury is not present.
Rule 614 was amended, effective March 1, 2014.
This rule is
an adoption of based on Rule
Fed.R.Ev. 614 of the Federal Rules of Evidence.
The calling by the court of a witness, who may then be cross-examined by both sides, is
established in Rule 28, NDRCrimP (as to experts and interpreters), and is approved by the
North Dakota Supreme Court. See State v. Hilling, 219 N.W.2d 164, 172 (N.D. 1974).
Rule 614 provides that objections to interrogation by the court or to the calling of a witness by the court may be made out of the jury's presence so as to avoid any possible prejudice to the objecting party.
Rule 614 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee Minutes
: of April 26-27, 2012,
page 27; June 3, 1976,
page 5; October 1, 1975, page 6. Rule Fed.R.Ev. 614 , Federal
Rules of Evidence; Rule 614,
Cross Reference: N.D.R.Crim.P. 28 (Interpreters).