Fla. Stat. § 90.615 — Calling witnesses by the court

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(1) The court may call witnesses whom all parties may cross-examine.

(2) When required by the interests of justice, the court may interrogate witnesses, whether called by the court or by a party.

The Judge's Power to Intervene: This statute gives the trial judge two significant powers to actively participate in the trial to ensure that the truth is discovered and justice is served. These powers are exercised with great caution to maintain the judge's role as a neutral arbiter.

(1) Calling a Witness:

The court has the authority to call a person to the stand as a witness, even if neither the prosecution nor the defense has chosen to do so. This is typically done when the judge believes a witness has essential information that the parties have overlooked or are avoiding. If the judge calls a witness, both parties have the absolute right to cross-examine that witness.

(2) Questioning a Witness:

The judge may also directly question any witness on the stand, whether that witness was called by a party or by the court. This power is limited to situations where the "interests of justice" require it, such as to clarify confusing testimony or to ask an important question that both lawyers missed. The judge must be careful not to ask questions in a way that signals their own opinion of the case or the witness's credibility.