CO · rules
CRE 614
Calling and Interrogation of Witnesses by Court
(a) Calling by court. The court may, on its own motion or at the suggestion of a party,
call witnesses and all parties are entitled to cross-examine witnesses thus called.
(b) Interrogation by court. The court may interrogate witnesses, whether called by
itself or by a party.
(c) Objections. Objections to the calling of witnesses by the court or to interrogation
by it may be made at the time or at the next available opportunity when the jury is not
present.
History
(Federal Rule Identical.) ANNOTATION Court’s prerogative and duty to question witnesses. A trial court has the prerogative and, sometimes, the duty to question witnesses called by a party. People v. Ray, 640 P.2d 262 (Colo. App. 1981). The trial court may interrogate witnesses, re- gardless of which party has produced them. It is sometimes the court’s duty to question wit- nesses to develop the truth more fully and to clarify testimony. Eggert v. Mosler Safe Co., 730 P.2d 895 (Colo. App. 1986). Questions by court are not improper where purpose is to more fully develop truth and to clarify testimony already given. People v. Ray, 640 P.2d 262 (Colo. App. 1981). Test to be applied when court interrogates witnesses is whether the trial court’s conduct so departed from the required impartiality as to deny the defendant a fair trial. People v. Ray, 640 P.2d 262 (Colo. App. 1981); Eggert v. Mosler Safe Co., 730 P.2d 895 (Colo. App. 1986); Sanchez v. Lauffenburger, 784 P.2d 855 (Colo. App. 1989). Applied in People in Interest of Archuleta, 653 P.2d 93 (Colo. App. 1982).
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
a2f9aa86f510d653462b9c440da0912864bc5e2a0b0aa2f43ed4670ff77391c3
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