W.Va. R. Evid. 614

As amended through December 16, 2024

Rule 614 - Court's Calling or Examining a Witness

(a)Calling. The court may call a witness on its own or at a party's request. Each party is entitled to cross-examine the witness.

(b)Examining. The court may examine a witness regardless of who calls the witness. In jury trials the court's examination shall be impartial so as not to prejudice the parties.

(c)Objections. A party may object outside the presence of the jury to the court's calling or examining a witness.

W.va. R. Evid. 614

COMMENT ON RULE 614

Rule 614 was taken verbatim from the federal counterpart with only two stylistic changes. Rule 614(b) includes the sentence taken from the state rule: "In jury trials the court's examination shall be impartial so as not to prejudice the parties" and 614(c) includes the state rule wording "outside the presence of the jury." The revised rule is substantively the same as the current state rule.