Legal Question in Family Law in Indiana

Can I be recalled to testify & can the judge ask ?'s?

I am trying to determine what is allowed in a custody case hearing. First of all, ex wife is suing ex husband for custody, so ex wife testifies, ex wifes's new husband testifies for her side. For his side, he testfies then his girlfriend testifies. Can he be called back up a second time by his own attorney since they have not closed up yet?

Also, in the Rules of Judicial Conduct, it states that a judge must rely on the facts presented and not do his own investigation. Does this prohibit a judge from asking questions to a person who is testifying, or is the judge allowed to question witnesses? Thanks for the help.


Asked on 6/21/04, 4:17 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Can I be recalled to testify & can the judge ask ?'s?

The petitioning party testifies and has his or her witnesses testify first and the opposing party or responding party gets to cross examine the witnesses as they testify. Then the responding party testifies and has his or her witnesses testify and the petitioning party gets to cross examine the witnesses as they testify. When a particular witness is called by both sides to testify, generally, the responding party will move for permission to combine his cross with his own direct when he calls the witness later in the case. Only where the judge tells the respondent's attorney to proceed with his direct at the time of cross does the procedure differ.

A judge is at liberty to ask questions after both attorneys have examined a witness or at the end of the trial to clear up points he may have missed during trial or that he believes are important but the parties did not.

A judge can also refer a case for a custody evaluation or a home study after hearing the evidence. He, however, cannot call witnesses that were not presented by the parties. And he can talk to children in chambers outside the presence of the parties and attorneys.

So if the other side called you as a witness, you certainly have the right to testify later in your trial in your own defense (or on your own behalf).

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Answered on 6/22/04, 10:22 am


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