According to the Federal Rules of Evidence (FRE), the court can call witnesses or appoint experts either on its own motion or at the request or suggestion of a party. Court-appointed experts may be cross-examined by either party. [FRE 614(a)].

Any witness may be interrogated by the court [FRE 614(b)]. Parties may object to the calling of a court witness or to interrogation by the court, but such objections must be made outside the presence of the jury [FRE 614(c)].

A district court has the power and discretion to call any witness as the court's witness. If neither party has subpoenaed a witness to testify, the court may still call that person to testify without the agreement of the parties.¹

¹ Estrella-Ortega v. U.S., 423 F.2d 509 (9th Cir. 1970).

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