Rule 614. Court'S Calling or Examining a Witness

(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 out of the hearing of the jury.

Committee Notes

Maine Restyling Note [November 2014] Maine Rule 614 is similar with its federal counterpart. The restyled version maintains the minor differences.

Federal Restyling Committee Note The language of Rule 614 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to by stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

Advisers' Note to former M.R. Evid. 614 (February 2, 1976) This rule is consistent with Maine law. State v. Dupuis, 159 Me. 100, 188 A.2d 688 (1963) (judge may, after state rests, recall witness for purpose of eliciting basis of stated conclusions previously given without objection); State v. Haycock, 296 A.2d 489 (Me. 1972) (judge may interrogate witness so long as he does not assume posture of advocate or retreat from position of judicial impartiality); State v. Hunnewell, 334 A.2d 510 (Me. 1975) (to the same effect). Subdivision (c) gives an opportunity to object to the judge's conduct without the embarrassment of doing so in the hearing of the jury. A bench conference which the jury can observe but not hear is a compliance with the rule. "Next available opportunity" is to be interpreted reasonably. An instant demand for a bench conference is not required, but the delay should not be protracted. Although the rule recognizes the power of the court to call a witness on its own motion, the use of the words `when necessary in the interests of justice' is designed to emphasize that the power ought to be exercised very rarely, especially in criminal cases. A situation may occasionally arise where the prosecution, or possibly the defense, discloses to the court that a witness it is unwilling to sponsor could offer highly relevant testimony. A request that this witness be called as the court's witness and all parties be free to crossexamine might well be granted. This is quite different from the court's calling a witness without a suggestion of either prosecution or defense on the basis of the court's own knowledge or investigation. The Federal Rule does not include "when necessary in the interests of justice" in subdivision (a) and in subdivision (c) reads "when the jury is not present".