(a) Form and Admissibility. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute, 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) 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. (c) 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. (d) 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. (e) 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. (f) 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. (3) Probate Appeals. On appeals from probate of a will, the party with the burden of proof shall open and close and shall be required, in putting in the case, only to submit the formal evidence of execution and capacity. (g) Withdrawal of Evidence. Attorneys shall withdraw forthwith after the final disposition of cases, with the approval of the court, all books, papers, documents, plats, and things introduced in evidence and not required by statute, rule, or special order to remain on file, upon leaving copies thereof duly attested by the clerk, if the court shall so direct. If the same are not withdrawn within thirty (30) days the clerks shall not be required to preserve the same; but no original paper for the absolute or contingent payment of money, such as a bill, bond, note, or the like shall be taken from the files until the clerk has noted on the face thereof, if the same be the cause of action, the state or result, as the case may be, of the action thereon.
