Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence

 

(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.

 

 

2011 Advisory Committee Note. – The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility. This rule is the federal rule, verbatim.

 

ADVISORY COMMITTEE NOTE

 

This rule is the federal rule, verbatim, and restates the inherent power of the court to control the judicial process. Cf. Vanderpool v. Hargis, 23 Utah 2d 210, 461 P.2d 56 (1969). There was no comparable provision to Subsection (b) in Utah Rules of Evidence (1971), but it is comparable to current Utah case law and practice. Degnan, Non-Rules Evidence Law: Cross-Examination, 6 Utah L. Rev. 323 (1959). Subsection (c) is comparable to current Utah practice. Cf. Rule 43(b), Utah Rules of Civil Procedure.