CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Questions Asked by Court
9 Cards On This Topic:

Trial court has right to call witnesses and interrogate them.

A judge may ask questions of a witness, but they must be temperate, nonargumentative, and scrupulously fair.

Trial judge's participation in the questioning of the fingerprint expert constituted judicial misconduct.

While trial ct. could question witness, it caused a mistrial when it became an advocate for plaintiff, acted as cross-examiner, and was hostile to the witness.

Trial court did not commit any errors by allowing videotape of expert's testimony and judge's clarifying questions—no hearsay or ••Crawford•• error and judge never "became a witness" against D.

Judicial misconduct during examination of D, which impugned his credibility and seemingly advocated People's position, prejudicially deprived D of rights to due process and fair trial.

Trial court did not abuse discretion or prejudice D by questioning him after conclusion of all direct and cross-examination.

Within discretion of trial court to clarify confusing testimony by eliciting further testimony through brief further questions.

Judge may not become advocate for either party under guise of asking questions; however, objection must be made at time questioning occurs.