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§ 2614.Calling and Interrogation of Witnesses By Court

Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceLets a trial judge call a witness on the court's own motion or a party's suggestion, question any witness regardless of who called them, and requires that objections to the court doing so wait until the next opportunity when the jury isn't present.

Full Text of § 2614

Text sizeJump to: (A) (B) (C)

A. The court may, on its own motion or at the suggestion of a party, call witnesses, provided that all parties shall have the right of cross-examination of those witnesses.
B. The court may interrogate any witness whether called by itself or by a party.
C. Objections to the calling or interrogating of witnesses by the court may be made at the time or at the next available opportunity when the jury is not present.

Amendment History

Laws 1978, SB 276, c. 285, § 614, eff. 10/1/1978.

Plain-English Summary

Judges aren't limited to refereeing the witnesses the parties bring. Subsection A lets the court call its own witness, on its own motion or at a party's suggestion, as long as every party keeps the right to cross-examine that witness. Subsection B lets the court question any witness, whether the court called them or a party did.

A party who objects to the court calling or questioning a witness doesn't have to interrupt on the spot. Subsection C lets the objection wait for the next opportunity when the jury isn't present, so jurors never see a lawyer challenge the judge in front of them.

Frequently Asked Questions

Can a judge call a witness that neither party wants to call?

Yes, subsection A lets the court call witnesses on its own motion or at a party's suggestion, and every party keeps the right to cross-examine.

Can the judge ask a witness questions after the lawyers are finished?

Yes, subsection B lets the court interrogate any witness, whether the court or a party called them.

If I object to the judge questioning a witness, do I have to say so in front of the jury?

No, subsection C lets the objection wait for the next opportunity when the jury isn't present.

Does this section limit how the court questions a witness it called?

The text doesn't set separate limits for court-called witnesses beyond confirming that every party retains the right of cross-examination.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source
Also known as: judge questioning witnesses oklahoma12 O.S. § 2614FRE 614 oklahoma equivalentcourt calling its own witness oklahoma evidence