Rule 2:614. Calling and Interrogation of Witnesses by Court

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Rule 2:614. CALLING AND INTERROGATION OF WITNESSES BY COURT

(a) Calling by the court in civil cases. The court, on motion of a party or on its own motion, may call witnesses, and all parties are entitled to cross-examine. The calling of a witness by the court is a matter resting in the trial judge's sound discretion and should be exercised with great care.

(b) Interrogation by the court. In a civil or criminal case, the court may question witnesses, whether called by itself or a party, subject to the applicable Rules of Evidence.

NOTES

Subdivision (a). See Wornom v. Hampton Normal & Agric. Inst., 144 Va. 533, 538-39 (1926) (civil cases). See Bradley v. Canter, 201 Va. 747, 753-54 (1960), and Robinson v. Peterson, 200 Va. 186, 192-93 (1958), for the admonition that it is not the general practice for Virginia trial judges to call witnesses in a civil case, and that the matter rests in the sound discretion of the court, which should be exercised with great care.

Virginia reported case law is silent on the topic of the judge calling witnesses in criminal cases.

Subdivision (b). Regarding civil cases, see Wornom v. Hampton Normal & Agric. Inst., 144 Va. 533, 538-39 (1926). As to criminal cases, see Cunningham v. Commonwealth, 2 Va. App. 358, 365 (1986); Goode v. Commonwealth, 217 Va. 863, 865-66 (1977); and Mazer v. Commonwealth, 142 Va. 649, 655 (1925), which observe that in criminal cases it is at times appropriate for the trial judge to interrogate witnesses.

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Rule 2:615. EXCLUSION OF WITNESSES (Rule 2:615(a) derived from Code §§ 8.01-375, 19.2-184, and 19.2-265.1; Rule 2:615(b) derived from Code

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