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What is the trial judge's role when attorneys examine and cross-examine witnesses?
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In the context of Anglo-American law, the responsibility for examining and cross-examining witnesses lies primarily with the attorneys for each party, rather than the judge.12
The trial judge’s role is defined by the following functions:
- Arbiter of Evidence: The judge acts as an arbiter when a party objects to the introduction of evidence. They must decide whether the evidence is admissible based on the rules of evidence and the specific grounds for the objection.1
- Enforcement: The judge is responsible for enforcing the rules that govern the presentation of evidence throughout the trial.2
- Clarification: While the judge does not conduct the primary questioning, they may ask supplementary questions if they determine that the parties have failed to adequately clarify the facts of the case.2
This adversarial approach contrasts with civil-law traditions, where the presiding judge typically dominates the process by actively calling and questioning witnesses to establish the facts.23