Florida Statutes

Fla. Stat. § 90.615 (2025)

Calling witnesses by the court.

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90.615 Calling witnesses by the court.—

(1) The court may call witnesses whom all parties may cross-examine.

(2) When required by the interests of justice, the court may interrogate witnesses, whether called by the court or by a party.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

Notes of Decisions

Cited in 27 cases (1 in the last 5 years), 1977–2023 · leading case: Shere v. State, 579 So. 2d 86 (Fla. 1991).

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Shere v. State, 579 So. 2d 86 (Fla. 1991). · cites it 4× “In Shere's final evidentiary claim, he contends that the trial court erred by calling Greulich to testify as a court witness pursuant to section 90.615(1) of the Florida Statutes (1987).”

Wasko v. State, 505 So. 2d 1314 (Fla. 1987). · cites it 2× “§ 90.615, Fla. Stat. (1985). Calling such a court witness, however, rests within the trial court's discretion.”

Jackson v. State, 498 So. 2d 906 (Fla. 1986). · cites it 2× “NOTES [1] In 1976, this general rule permitting court witnesses was codified and can now be found in the Florida Evidence Code, section 90.615, Florida Statutes, to wit: 90.”

R.W. v. Dep't of Child. & Families, 189 So. 3d 978 (Fla. 3d DCA 2016). · cites it 2× “” § 90.615(2), Fla. Stat. (2015). Such questioning may be appropriate, in the court’s discretion, to seek clarification of an issue and in an effort to ascertain the truth.”

Sparks v. State, 740 So. 2d 33 (Fla. 1st DCA 1999). · cites it 2× “See § 90.615, Fla. Stat. (1997). Likewise, the trial judge has a duty to correct a fundamental error at trial even in the absence of an objection.”

Amend. to Fl. Fam. Law Rules of Proc., 723 So. 2d 208 (Fla. 1998). · cites it 2× “Additionally, section 90.615(1), Florida Statutes, allows the court to call witnesses whom all parties may cross-examine.”

State v. Smith, 573 So. 2d 306 (Fla. 1990). “Section 90.615 of the Florida Statutes (1985) provides a trial court the discretion to call a court witness when necessary to serve the interests of justice.”

Ritter v. Jimenez, 343 So. 2d 659 (Fla. 3d DCA 1977). · cites it 2× “Section 90.615 thereof, entitled "Calling witnesses by the court," provides: "(1) The court may call witnesses whom all parties may cross-examine.”

Austin v. State, 461 So. 2d 1380 (Fla. 1st DCA 1984). “Under the circumstances of this case, it was impermissible to use the expedient of calling Mincey as a court witness under Section 90.615 for the purpose of eliciting his prior inconsistent statement either for impeachment purposes or as substantive evidence.”

E.t., the Mother v. Dept. of Child. & Families, 261 So. 3d 593 (Fla. 4th DCA 2019). · cites it 2× “” § 90.615(2), Fla. Stat. “Such questioning may be appropriate, in the court’s discretion, to seek clarification of an issue and in an effort to ascertain the truth.”

Vivian v. Schembari, 966 So. 2d 492 (Fla. 4th DCA 2007). · cites it 2× “See § 90.615(2), Fla. Stat. (2006). The court's questions pertained to considerations required by section 61.”

Williams v. State, 443 So. 2d 1053 (Fla. 1st DCA 1984). · cites it 2× “Section 90.615(1), Florida Statutes (1981).”

Show all 27 citing cases →

— 90.615(1) — 6 cases

Shere v. State, 579 So. 2d 86 (Fla. 1991). “In Shere's final evidentiary claim, he contends that the trial court erred by calling Greulich to testify as a court witness pursuant to section 90.615(1) of the Florida Statutes (1987).”

Amend. to Fl. Fam. Law Rules of Proc., 723 So. 2d 208 (Fla. 1998). “Additionally, section 90.615(1), Florida Statutes, allows the court to call witnesses whom all parties may cross-examine.”

Williams v. State, 443 So. 2d 1053 (Fla. 1st DCA 1984). “Section 90.615(1), Florida Statutes (1981).”

Amendments to the Florida Fam. Law Rules of Procedure, 746 So. 2d 1073 (Fla. 1999).

Wolcoff v. State, 576 So. 2d 726 (Fla. 4th DCA 1991).

— 90.615(2) — 13 cases

R.W. v. Dep't of Child. & Families, 189 So. 3d 978 (Fla. 3d DCA 2016). “” § 90.615(2), Fla. Stat. (2015). Such questioning may be appropriate, in the court’s discretion, to seek clarification of an issue and in an effort to ascertain the truth.”

E.t., the Mother v. Dept. of Child. & Families, 261 So. 3d 593 (Fla. 4th DCA 2019). “” § 90.615(2), Fla. Stat. “Such questioning may be appropriate, in the court’s discretion, to seek clarification of an issue and in an effort to ascertain the truth.”

Vivian v. Schembari, 966 So. 2d 492 (Fla. 4th DCA 2007). “See § 90.615(2), Fla. Stat. (2006). The court's questions pertained to considerations required by section 61.”

R.O. v. State, 46 So. 3d 124 (Fla. 3d DCA 2010).

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