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Rule 611. Mode and Order of ExaminingWitnesses and Presenting Evidence

 

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

 

(1)   makethose procedures effective for determining the truth;

 

(2)   avoidwasting time; and

 

(3)   protectwitnesses from harassment or undue embarrassment.

 

(b)      Scopeof Cross-Examination.Cross-examination should not go beyond the subject matter of the directexamination and matters affecting the witnessís credibility. The court mayallow inquiry into additional matters as if on direct examination.

 

(c)      LeadingQuestions. Leadingquestions should not be used on direct examination except as necessary todevelop the witnessís testimony. Ordinarily, the court should allow leadingquestions:

 

(1)   oncross-examination; and

 

(2)   whena party calls a hostile witness, an adverse party, or a witness identified withan adverse party.

 

 

2011Advisory Committee Note. ĖThe language of this rule has been amended as part of the restyling of theEvidence Rules to make them more easily understood and to make style andterminology consistent throughout the rules. These changes are intended to bestylistic only. There is no intent to change any result in any ruling onevidence admissibility. This rule is the federal rule, verbatim.

 

ADVISORYCOMMITTEE NOTE

 

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