Rule 614 Calling and interrogation of witness 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. L 1980, c 164, pt of §1
RULE 614 COMMENTARY
This rule is identical with Fed. R. Evid. 614.
Subsections (a) and (b): The right of the court both to call and to question witnesses has long been recognized as fundamental in the Anglo-American adversary system. McCormick §8; 9 Wigmore, Evidence §2484 (3d ed. 1940).
The power of the court to summon witnesses on its own motion was addressed in Kamahalo v. Coelho, 24 H. 689, 694 (1919), where the trial court called in a handwriting expert. The supreme court said: "[C]ourts have from the earliest period exercised the right to call in experts to aid them in their deliberations and this right we concede." Compare Rule 706 infra, dealing with expert witnesses.
The Hawaii Supreme Court has also recognized the right of the court to interrogate witnesses. In Territory v. Kekipi, 24 H. 500, 504 (1918), the court said:
The trial judge should never assume the duties of counsel, but if he at any time becomes convinced that the witness has misunderstood the questions propounded by either counsel and as a result of such misunderstanding the import of his testimony is in doubt, it is not only his privilege but his duty to ask such questions of the witness as are necessary to remove such doubt and fully develop the truth in the case.
Accord, Territory v. Sable Hall, 39 H. 397 (1952). This right is strictly circumscribed. In Territory v. Van Culin, 36 H. 153, 162 (1942), the Hawaii Supreme Court held that the trial judge's extensive cross-examination of a criminal defendant biased the jury and, therefore, constituted reversible error. The court said: "When a trial judge so indulges himself, no matter what his motives may be or what explanation or excuse may be offered, his conduct can have but one effect upon the jury and that is to impress them that the judge is convinced of the defendant's guilt." Cf. State v. Pokini, 57 H. 17, 548 P.2d 1397 (1976).
Subsection (c): The intent of this subsection is to enable counsel to avoid the tactical awkwardness of objecting to judicial summoning or interrogation of witnesses in the jury's presence without courting the hazard of waiving the right to object due to lack of timeliness. Compare Rule 605.
Case Notes
Under specific facts of case, court did not fail to act impartially when it called its own additional witnesses; hence no abuse of discretion. 80 H. 251 (App.), 909 P.2d 579 (1995).
Within trial court's discretion to call its own witnesses after the parties have rested. 80 H. 251 (App.), 909 P.2d 579 (1995).
Trial judge did not overstep permissible bounds in questioning officer and deprive defendant of a fair trial as judge's questions were directed at ascertaining the interaction between defendant and officer and sought pertinent and material information about whether defendant's conversations with officer constituted offers or agreements to engage in sex for a fee. 107 H. 360 (App.), 113 P.3d 811 (2005).
Structure Hawaii Revised Statutes
106 Remainder of or related writings or recorded statements.
201 Judicial notice of adjudicative facts.
302 Presumptions in civil proceedings.
303 Presumptions imposing burden of producing evidence.
304 Presumptions imposing burden of proof.
306 Presumptions in criminal proceedings.
401 Definition of "relevant evidence".
402 Relevant evidence generally admissible; irrelevant evidence inadmissible.
403 Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.
404 Character evidence not admissible to prove conduct; exceptions; other crimes.
405 Methods of proving character.
407 Subsequent remedial measures.
408 Compromise, offers to compromise, and mediation proceedings.
409 Payment of medical and similar expenses.
410 Inadmissibility of pleas, plea discussions, and related statements.
412 Sexual offense and sexual harassment cases; relevance of victim's past behavior.
501 Privileges recognized only as provided.
502 Required reports privileged by statute.
504 Physician-patient privilege.
504.1 Psychologist-client privilege.
509 Privilege against self-incrimination.
511 Waiver of privilege by voluntary disclosure.
512 Privileged matter disclosed under compulsion or without opportunity to claim privilege.
513 Comment upon or inference from claim of privilege; instructions.
601 General rule of competency.
602 Lack of personal knowledge.
605 Competency of judge as witness.
606 Competency of juror as witness.
608 Evidence of character and conduct of witness.
609 Impeachment by evidence of conviction of crime.
610 Religious beliefs or opinions.
611 Mode and order of interrogation and presentation.
612 Writing used to refresh memory.
613 Prior statements of witnesses.
614 Calling and interrogation of witness by court.
616 Televised testimony of child.
701 Opinion testimony by lay witnesses.
704-416 overrides this rule. 71 H. 591, 801 P.2d 27 (1990).
703 Bases of opinion testimony by experts.
704 Opinion on ultimate issue.
705 Disclosure of facts or data underlying expert opinion.
803 Hearsay exceptions; availability of declarant immaterial.
804 Hearsay exceptions; declarant unavailable.
806 Attacking and supporting credibility of declarant.
901 Requirement of authentication or identification.
903 Subscribing witness' testimony unnecessary.
1003 Admissibility of duplicates.
1004 Admissibility of other evidence of contents.
1007 Testimony or written admission of party.
1008 Functions of court and jury.
1102 Jury instructions; comment on evidence prohibited.
626-2 Effective date; applicability to future cases and pending cases.