Colo. R. Evid. 614

As amended through Rule Change 2024(9), effective May 2, 2024

Rule 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.

(Federal Rule Identical.)

CRE 614

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, regardless of which party has produced them. It is sometimes the court's duty to question witnesses 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). .