Obsolete Date: 3/1/2014
(a) Control by Court. The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.
(b) Scope of Cross-Examination. Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court, in the exercise of discretion, may permit inquiry into additional matters as if on direct examination.
(c) Leading Questions. Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily, leading questions should be permitted on cross-examination. Whenever a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.
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.
CONSIDERED: N.D.C.C. §§ 31-04-01, 31-04-04, 31-04-05.