Rule 43 – Evidence.

May 14, 2021 | Domestic Relations, Family Law, Rhode Island

(a) Form and Admissibility. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute, or by these rules, or by the Rhode Island Rules of Evidence. All evidence shall be admitted which is admissible under the statutes of this state, or under the Rhode Island Rules of Evidence. The competency of a witness to testify shall be determined in like manner.
(b) Scope of Examination and Cross-examination. A party may interrogate any unwilling or hostile witness by leading questions. A party may call an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association which is an adverse party, and interrogate him or her by leading questions and contradict and impeach him or her in all respects as if he or she had been called by the adverse party, except by evidence of bad character, and the witness thus called may be contradicted and impeached by or on behalf of the adverse party also, and may be cross-examined by the adverse party only upon the subject matter of his or her examination in chief.
(c) Record of Excluded Evidence. If an objection to a question propounded to a witness is sustained by the court, the examining attorney may make a specific offer of what is expected to be proven by the answer of the witness. The court may add such other or further statement as clearly shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. The court upon request, shall take and report the evidence in full, unless it clearly appears that the evidence is not admissible on any ground or that the witness is privileged.
(d) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.
(e) Evidence on Motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that matter be heard wholly or partly on oral testimony or depositions.
(f) Examination of Witnesses. The examination and cross-examination of any witness shall be conducted by one (1) attorney only on each side. The attorney shall stand while so examining or cross-examining unless the court otherwise permits. A witness may be examined on direct examination, on cross-examination by all other parties, and on redirect examination. No further examination shall be permitted except by leave of court.
(g) Copies of Documents. A certified copy of each will, deed, or other recorded instrument used in evidence shall be filed in all cases, unless otherwise ordered by the court.
(h) Order of Trial.

(1) Opening and Closing. The party holding the burden of proof shall in all cases, except on motions, open and close the question before the court or jury. On motions the moving party shall open and close.
(2) Several Issues. When there are several issues, with respect to some of which the burden of proof is on the plaintiff and with respect to others it is on the defendant, the plaintiff shall open and close.
(i) Withdrawal of Evidence. Attorneys shall not, except with the approval of the court or in accordance with a Family Court Rule of Practice or an administrative order, withdraw any books, papers, documents, plats, and things introduced in evidence.

R.I. Fam. Ct. R. Dom. Rel. P. 43