Except for good cause shown, the judge in his or her discretion need not be present in the court while testimony previously received in evidence is read to the jury.
§ 614.5.Judge's Presence Not Required While Testimony Previously Receive Read to Jury
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 4. Trial by Jury · Article 2. Conduct of the Trial · Enacted 1987 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 614.5 provides that, absent good cause shown otherwise, the judge need not be present in the courtroom while testimony previously received in evidence is read back to the jury.
Full Text of § 614.5
Plain-English Summary
Reading back testimony a jury has already heard doesn't necessarily require the judge to sit through it a second time. This section relieves the judge of that obligation, in the judge's discretion, except where good cause is shown for requiring the judge's presence.
It's a narrow, practical rule that fits alongside § 614 — while § 614 governs bringing the jury back to resolve a disagreement about testimony or get a point of law, § 614.5 addresses the more routine mechanics of reading testimony back once the jury has returned.
Frequently Asked Questions
Does the judge have to be present while testimony is read back to the jury?
Not necessarily. Section 614.5 gives the judge discretion to be absent, except for good cause shown.
What counts as "good cause" for requiring the judge's presence?
The statute leaves that determination to the judge's discretion on a case-by-case basis.
Does this apply to any testimony, or only some?
It applies to testimony previously received in evidence during the trial that is being read back to the jury during deliberations.
Amendment History
Added by Stats. 1987, Ch. 88, Sec. 1. Effective July 2, 1987.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: judge presence testimony read back california