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Rule 611. ?Mode andOrder of Examining Witnesses and Presenting Evidence.

 

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

(a)(1)   make those procedures effective for determining the truth;

 

(a)(2)   avoid wasting time; and

 

(a)(3)   protect witnesses from harassment or undue embarrassment.

 

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

 

(c)      Leading Questions. Leadingquestions should not be used on direct examination except as necessary todevelop the witness?s testimony. Ordinarily, the court should allow leadingquestions:

(c)(1)   on cross-examination; and

 

(c)(2)   when a party calls a hostile witness, an adverse party, or awitness identified with an adverse party.

 

 

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

 

Original Advisory Committee Note. ?This rule is the federal rule, verbatim, and restates the inherentpower 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 lawand practice. Degnan, Non-Rules Evidence Law:Cross-Examination, 6 Utah L. Rev. 323 (1959). Subsection (c) is comparable tocurrent Utah practice. Cf. Rule 43(b), Utah Rules of Civil Procedure.