RULE 611. MODE AND ORDER OF EXAMINING WITNESSES AND PRESENTING EVIDENCE

Effective Date: 3/1/2014

(a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:

(1) make those procedures effective for determining the truth;
(2) avoid wasting time; and
(3) protect witnesses from harassment or undue embarrassment.

(b) Scope of Cross-Examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness's credibility. The court may allow inquiry into additional matters as if on direct examination.

(c) Leading Questions. Leading questions should not be used on direct examination except as necessary to develop the witness's testimony. Ordinarily, the court should allow leading questions:

(1) on cross-examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

Rule 610 was amended, effective March 1, 1990; March 1, 2014.

Rule 611 is substantially the same as Fed.R.Ev. 611. The rule gives the court wide discretion over the mode and order of presenting evidence.

Subdivision (c) was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.

Rule 611 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.

SOURCES: Joint Procedure Committee Minutes of April 26-27, 2012, page 26; March 24-25, 1988, page 12; December 3, 1987, pages 15-16; May 21-22, 1987, pages 18-19; February 19-20, 1987, pages 10-12; June 3, 1976, page 2; October 1, 1975, page 6. Fed.R.Ev. 611; Rule 611, SBAND proposal.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. §§ 31-04-01, 31-04-04, 31-04-05.

Cross Reference: N.D.R.Civ.P. 30 (Depositions by Oral Examination), N.D.R.Civ.P. 31 (Depositions by Written Questions), N.D.R.Civ.P. 43 (Evidence).

Effective Date Obsolete Date
03/01/2014 View
03/01/1990 03/01/2014 View