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McPherson-Corder v. Chinkhota

11/20/2003

tention in footnotes 6, 7, and 8, supra, and the additional judicial acts that Dr. Corder cites are, if questionable at all, too picayune to call for individualized attention. It suffices to reiterate that " trial judge bears the responsibility for the orderly and fair administration of a trial, and has not only the right, but the duty . . . to participate directly in the trial, including the propounding of questions when it becomes essential to the development of the facts of the case." Talley v. Varma, 689 A.2d 547, 550 n.1 (D.C. 1997) (internal quotation marks and citations omitted). The trial judge in this case acted in that spirit with suitable restraint and balance. We observe, too, that the judge issued significant rulings that disfavored the plaintiff as well as rulings that went against the defense. "The test for whether a trial was fatally tainted with alleged prejudice by the judge is whether the impartiality of the judge might reasonably be questioned." Id. Dr. Corder's bill of particulars does not "come at all close to entitling to relief under that standard." Id.


IV.


The trial court did not err in giving a missing witness instruction or in any other respect that would call for reversal. We affirm the judgment on appeal.


So ordered.






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