Can a judge examine witnesses to elicit or clarify testimony?

California, United States of America


The following excerpt is from Mack Film Dev. v. Johnson, B210933, No. BC335581 (Cal. App. 2010):

"A trial judge may examine witnesses to elicit or clarify testimony [citations]. Indeed, 'it is the right and duty of a judge to conduct a trial in such a manner that the truth will be established in accordance with the rules of evidence.' [Citation.] The trial judge, however, must not become an advocate for either party or under the guide of examining witnesses comment on the evidence or cast aspersions or ridicule on a witness. [Citations.]" (People v. Rigney (1961) 55 Cal.2d 236, 241.)

Other Questions


What are the limits of a trial judge's power to examine witnesses to elicit or clarify testimony? (California, United States of America)
What is a trial judge's duty to examine witnesses to elicit or clarify testimony? (California, United States of America)
Does the confrontation clause in civil law bar testimony from a witness in a witness testimony? (California, United States of America)
What is the test for a court to accept testimony from a witness in a witness testimony? (California, United States of America)
Is a judge's examination of certain witnesses' testimony prejudicial or prejudicial? (California, United States of America)
How has the court dealt with a motion for a retrial where a witness's testimony was inconsistent with the testimony of the previous witness? (California, United States of America)
Can a defendant cross-examine the testimony of a witness who has never been called as a witness? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
Is a judge obligated to call a witness whom he could be expected to call if that witness testimony would be favorable? (California, United States of America)
Can a witness cross-examining a witness in open court cross-examination be directed to write in the open court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.