RULE 614. CALLING AND INTERROGATION OF WITNESSES BY COURT
(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) Examining. The court may examine a witness regardless of who calls the witness.
(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 based on Fed.R.Ev. 614.
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. Fed.R.Ev. 614; Rule 614, SBAND proposal.
Cross Reference: N.D.R.Crim.P. 28 (Interpreters).