IEA Section 165 — Judge's power to put questions or order production

Summary

A judge can ask any question, in any way, at any time, to any witness or party, to find out or properly prove relevant facts. The judge can also order any document or thing to be produced. Neither the parties nor their lawyers can object to such questions or orders, and they cannot cross-examine a witness on answers given to the judge’s questions without the court’s permission.

However, the judge’s final decision must be based only on facts that are relevant and properly proved under this Act. Also, the judge cannot force a witness to answer a question or produce a document if that witness would have the right to refuse under certain other sections, and the judge cannot ask improper questions or skip the requirement for original documents except in specific allowed cases.

Official Text

The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question;


Provided that the Judgment must be based upon facts declared by this Act to be relevant, and duly proved;


Provided also that this section shall not authorize any Judge to compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under sections 121 to 131, both inclusive, if the questions were asked or the documents were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases herein-before excepted.

Old <-> New Code Mapping

• BSA §168 — Judge’s power to put questions or order production