Utah Courts

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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

URE Rule 611 (Rules of Evidence)

 

Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence.
Rule printed on March 27, 2023 at 4:40 pm. Go to https://www.utcourts.gov/rules for current rules.
 

(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:

(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 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:

(c)(1) on cross-examination; and

(c)(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 class 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.

Original 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.


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Page Last modified: 3/29/2022

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