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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Calling. When necessary in the interest of justice, 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 by Court. The court may examine a witness to clarify an issue, to prevent perjury, or to develop trustworthy testimony, provided that the judge remains impartial.
(c) Objections. A party may object to the court's calling or examining a witness, but the objection should be made outside the presence of the jury.
(d) Examining by Jurors. The court, in its discretion, may allow questions posed by the jury, subject to the following procedures:
(1) The judge should instruct the jury that they will be given the opportunity to pose questions to witnesses.
(2) Jurors' questions need not be limited to important matters, but may also seek clarification of a witness's testimony.
(3) The judge should emphasize to jurors that, although they are not expected to understand the technical rules of evidence, their questions must comply with those rules, and so the judge may have to alter or to refuse a particular question.
(4) The judge should emphasize that, if a particular question is altered or refused, the juror who poses the question must not be offended or hold that against either party.
(5) The judge should tell the jurors that they should not give the answers to their own questions or questions by other jurors a disproportionate weight.
(6) These instructions should be given before the testimony begins and repeated during the final charge to the jury before they begin deliberations.
(7) All questions should be submitted in writing to the judge, with the juror's identification number included on each question.
(8) On submission of questions, counsel should have an opportunity, outside the hearing of the jury, to examine the questions with the judge, make any suggestions, or register objections.
(9) Counsel should be given an opportunity to reexamine a witness after juror interrogation with respect to the subject matter of the juror questions.
Cite this article: FindLaw.com - Massachusetts Guide to Evidence 2025 Edition MA R EVID § 614 - last updated January 01, 2025 | https://codes.findlaw.com/ma/massachusetts-guide-to-evidence-2025-edition/ma-r-evid-sect-614/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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