(a) Calling by the court in civil cases. The court, on motion of a party or on its own motion, may call witnesses, and all parties are entitled to cross-examine. The calling of a witness by the court is a matter resting in the trial judge's sound discretion and should be exercised with great care.
Rule 2:614.CALLING AND INTERROGATION OF WITNESSES BY COURT
Part Two: Virginia Rules of Evidence · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 2:614 lets a Virginia trial court call its own witnesses in a civil case — subject to all parties’ right to cross-examine and to be exercised with great care — and lets the court question any witness in a civil or criminal case, subject to the applicable Rules of Evidence.
Full Text of Rule 2:614
(b) Interrogation by the court. In a civil or criminal case, the court may question witnesses, whether called by itself or a party, subject to the applicable Rules of Evidence.
Plain-English Summary
Rule 2:614 recognizes that a trial judge is not confined to the witnesses the parties choose to present. Subdivision (a) permits the court, on a party’s motion or on its own motion, to call witnesses in a civil case, and every party retains the right to cross-examine any witness the court calls. The rule cautions that this power rests in the trial judge’s sound discretion and should be exercised with great care — signaling that court-called witnesses are the exception, not routine practice.
Subdivision (b) addresses a related but distinct power: questioning witnesses. In both civil and criminal cases, the court may question a witness, whether the witness was called by the court itself or by a party. That questioning remains subject to the applicable Rules of Evidence, meaning the judge’s own questions must still respect the same evidentiary limits — relevance, privilege, and the other rules in this Part — that govern questions from counsel.
Together the two subdivisions separate two roles a judge can play: bringing a witness into the case in the first place (limited to civil cases, and treated as an exceptional step) and questioning a witness already testifying (available in both civil and criminal cases, and bounded by the ordinary Rules of Evidence).
Frequently Asked Questions
Can a Virginia trial judge call a witness that neither party chose to call?
In a civil case, yes. Rule 2:614(a) lets the court call witnesses on a party’s motion or its own motion, though the rule says this discretion should be exercised with great care.
If the court calls a witness, can the parties still cross-examine that witness?
Yes. Rule 2:614(a) states that all parties are entitled to cross-examine any witness the court calls.
Can a judge ask a witness questions directly during a criminal trial?
Yes. Rule 2:614(b) allows the court to question witnesses in both civil and criminal cases, whether the witness was called by the court or by a party.
Are a judge’s own questions to a witness bound by the Rules of Evidence?
Yes. Rule 2:614(b) subjects the court’s interrogation of witnesses to the applicable Rules of Evidence.
Does Rule 2:614(a)’s power to call witnesses apply in criminal cases too?
No. Subdivision (a) is limited to civil cases; subdivision (b)’s power to question witnesses, by contrast, applies in both civil and criminal cases.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: court calling its own witness virginiajudge questioning witness virginia trialrule 2:614 virginia evidencetrial court discretion witnesses virginiacourt interrogation of witness rule