§ 90.615, Fla. Stat. — Calling and Interrogating Witnesses by the Court
Plain English
The judge isn’t just a referee. Under § 90.615, the court may call its own witnesses — and when it does, every party gets to cross-examine them. The court may also question witnesses directly, whether they were called by the court or by a party, when the interests of justice require it. In practice this is a power judges use sparingly, to clear up confusion or fill a gap — not to take over the questioning.
From the Courtroom
When a judge starts asking the questions, jurors lean in — the court’s voice carries weight. That’s the double edge of 90.615: it can rescue a muddled record, but a judge who questions too aggressively risks looking like an advocate, and that’s preserved for appeal.
Key Points & Authority
- § 90.615(1), Fla. Stat. — The court may call witnesses, and all parties may cross-examine them.
- § 90.615(2): the court may interrogate witnesses (called by the court or a party) when the interests of justice require.
- Federal parallel: Fed. R. Evid. 614.
Federal Parallel
The federal counterpart is Fed. R. Evid. 614 — the court’s authority to call and to question witnesses, subject to the parties’ right to object and cross-examine.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(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.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.615 lets the court call its own witnesses (all parties may cross-examine) and interrogate witnesses called by the court or a party when the interests of justice require.