Can judges ask questions in court?

Asked by: Abigail Bogisich  |  Last update: July 22, 2025
Score: 4.7/5 (17 votes)

The judge may also ask questions, but must do so impartially. Judges may ask for clarification or may ask additional foundational questions in aid of ruling on an objection, even if doing so benefits one side.

Are judges allowed to ask questions?

While judges may ask questions of witnesses, they should refrain from expressing disbelief, whether expressly or by conduct, of the testimony.

What questions are not allowed in court?

On direct examination, you will usually only be allowed to ask open-ended questions that do not lead your witnesses in a certain way or influence their answers. “Leading questions,” where you suggest the answer to the question, are not allowed.

Can a judge ask questions in a bench trial?

However, during a bench trial, these judges may be more inclined to ask a witness clarifying questions to help the court decide an issue that depends on the witness's testimony. Permitting specific and focused briefing on key issues.

What can a judge not do?

More than any other branch of government, the judiciary is built on a foundation of public faith-judges do not command armies or police forces, they do not have the power of the purse to fund initiatives and they do not pass legislation. Instead, they make rulings on the law.

Simplest questions by judges that lawyers found hardest to answer

32 related questions found

What should you not say to a judge?

Here are five things all defendants will want to avoid saying to a criminal judge:
  • 'I Did It. ' ...
  • 'They Didn't Tell Me...' ...
  • Expletives. ...
  • Lies, Lies, Lies. ...
  • 'I Will Represent Myself.

What annoys judges?

In this article, we have listed five things that annoy judges which self-reps must try to avoid.
  • When you put yourself in the argument. ...
  • Asking the judge if he or she has read the material. ...
  • Looking and being casual. ...
  • Stop making about on everything. ...
  • Being nasty is a case killer.

What types of questions do judges ask?

Questions a judge might ask
  • Can the prosecutor present the charges? ...
  • What evidence does the prosecution have against the defendant? ...
  • Is the evidence legally obtained and admissible? ...
  • Does the evidence establish probable cause? ...
  • Does the defense wish to cross-examine the prosecution's witnesses?

Can you be forced to answer questions in court?

In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.

Is it okay to argue with a judge?

No matter what is said in the courtroom, you should exercise self-control. Don't argue with the opposing party, their attorney, the judge, or Judiciary staff, even if you are upset by your case.

Who can ask questions in court?

The judge may also ask questions, but must do so impartially. Judges may ask for clarification or may ask additional foundational questions in aid of ruling on an objection, even if doing so benefits one side.

What can you not say in court?

Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”

What to say when you don't want to answer a question in court?

If you don't want to answer a question, don't ask the judge whether you must answer it. If it is an improper question, the prosecutor trying the case will object and take it up with the judge. If there is no objection, answer the question.

What questions can you not ask in court?

As a general rule, do not ask leading questions - questions which contain within them the answer, suggest the answer or call for a yes or no answer - or your direct will be interrupted with sustained objections.

Can judges talk about their cases?

A judge may express an opinion of the actions of a local conditional release commission generally, but should not mention the names of any specific defendants nor discuss pending cases.

What is it called when a judge is unfair?

Courts have explained that bias is a favorable or unfavorable opinion that is inappropriate because it is not deserved, rests upon knowledge that the judge should not possess, or because it is excessive.

Can you say I decline to answer in court?

In a more formal setting such as a deposition, hearing or trial, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”

Can I refuse to answer a question?

You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

What is it called when you refuse to answer a question in court?

shall be compelled in any criminal case to be a witness against himself…." Therefore, refusing to answer questions during a trial ("I refuse to answer on the ground it may tend to incriminate me") is called "taking the Fifth." See also: Bill of Rights taking the Fifth.

Can you refuse to answer a judges question?

Privilege Against Self-Incrimination

Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.

What are 3 things judges do?

Judges are key to the fight for civil rights

Judges provide instructions to juries prior to their deliberations and in the case of bench trials, judges must decide the facts of the case and make a ruling. Additionally, judges are also responsible for sentencing convicted criminal defendants.

Can a judge order you to answer a question?

Generally speaking, the answer is yes. If the Judge requires you to answer, you must answer the questions. However, you can object to the questions before you answer them.

Can you say yes sir to a judge?

This will lose you the respect of the judge and the jury. Any lawyer who can make a witness mad will probably cause the witness to exaggerate, appear unobjective, and emotionally unstable. Be sure to answer "Yes Sir/Ma'am" and "No Sir/Ma'am" and to address the judge as "Your Honor. "

Can a judge curse at you?

Is a judge allowed to drop an “f bomb”, even if he or she is outside of court? The answer in California appears to be no, at least if it is in reference to a conversation with another judge. The issue arose recently in a case filed with the State's Commission on Judicial Performance.

How to make a judge mad?

The “simple things” are all important. You may not know it but the judge does see you at every moment while you are in the courtroom. The things you can do to sabotage your case include rolling your eyes, making loud sighs, shaking your head side to side, or general looks of disgust and anger.