Section 168 - Judge's power to put questions or order production

Judge's power to question and order production enables judicial fact-finding subject to witness privileges and primary evidence rules.

Judge may ask witnesses or parties questions and order production of documents or things to discover relevant facts; parties may not object or cross-examine without the Court's leave on answers elicited by such questions. Judgment must be based on facts declared relevant by the statute and duly proved. The power does not permit compelling answers or production when a witness may refuse under recognized witness privilege, nor permit improper questions, and primary evidence of a document cannot be dispensed with except as the statute allows.