Can a judge ask clarifying questions during testimony?

California, United States of America


The following excerpt is from People v. McCarthy, A138682 (Cal. App. 2015):

Appellant also argues the court's clarifying questions during his testimony demonstrated bias. Appellant identifies two instances where the court asked specific questions clarifying the time frame in which an incident occurred, one instance where the court clarified who appellant meant when he used the term "her bedroom," and one instance where the court responded to an objection by the prosecutor that defense counsel had not posed a proper question. Appellant asserts these questions were designed to interrupt defense counsel's questioning and demonstrated the court's bias. We disagree. The record demonstrates the court asked clarifying questions about specific dates, ages, names, and time frames of other witnesses at trial including Doe, mother, and one of the investigating officers. As we have stated, a judge may ask questions to clarify witness testimony and to assure the evidence is fully developed. (People v. Raviart, supra, 93

Page 10

Other Questions


In what circumstances will the judge review testimony in a civil case where there is direct conflict in testimony? (California, United States of America)
What are the limits of a trial judge's power to examine witnesses to elicit or clarify testimony? (California, United States of America)
Can a judge examine witnesses to elicit or clarify testimony? (California, United States of America)
Does a person who refuses to answer any question put to him by police for questioning need not answer any questions at all and may go on his way? (California, United States of America)
What is a trial judge's duty to examine witnesses to elicit or clarify testimony? (California, United States of America)
In what circumstances will a defense counsel object to a prosecutor's argument that a witness who withdrew from questioning because she was not engaging with the questioning, is entitled to continue questioning? (California, United States of America)
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)
Is a witness charged with contempt for failing to answer questions before a grand jury entitled to prove that the questions were based on illegal electronic surveillance? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Is a witness's testimony from an earlier proceeding admissible under the prior testimony exception to the hearsay rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.