Ariz. R. Evid. 611

As amended through December 6, 2023

Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence [Effective until January 1, 2024]

(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:

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

(2) avoid wasting time; and

(3) protect witnesses from harassment or undue embarrassment.

(b)Scope of cross-examination. A witness may be cross-examined on any relevant matter.

(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:

(1) on cross-examination; and

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

Ariz. R. Evi. 611

Amended Oct. 19, 1988, effective 11/1/1988; 10/24/1995, effective 12/1/1995; 9/8/2011, effective 1/1/2012.

COMMENT TO 2012 AMENDMENT

This rule has been amended to conform to Federal Rule of Evidence 611, except for subsection (b), which has not been changed.

Additionally, the language of subsections (a) and (c) has been amended to conform to the federal restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent in the restyling to change any result in any ruling on evidence admissibility.

The 2012 amendment of Rule 611(a) is not intended to diminish a trial court's ability to impose reasonable time limits on trial proceedings, which is otherwise provided for by rules of procedure. Similarly, the 2012 amendment of Rule 611(c) is not intended to change existing practice under which a witness called on direct examination and interrogated by leading questions may be interrogated by leading questions on behalf of the adverse party as well.

COMMENT TO RULE 611(A), 1995 AMENDMENT

Following are suggested procedures for effective document control:

(1) The trial judge should become involved as soon as possible, and no later than the pretrial conference, in controlling the number of documents to be used at trial.

(2) For purposes of trial, only one number should be applied to a document whenever referred to.

(3) Copies of key trial exhibits should be provided to the jurors for temporary viewing or for keeping in juror notebooks.

(4) Exhibits with text should and, on order of the court, shall be highlighted to direct jurors' attention to important language. Where important to an understanding of the document, that language should be explained during the course of trial.

(5) At the close of evidence in a trial involving numerous exhibits, the trial judge shall ensure that a simple and clear retrieval system, e.g., an index, is provided to the jurors to assist them in finding exhibits during deliberations.

COMMENT TO ORIGINAL 1977 RULE

The last sentence of (c) changes the Arizona Supreme Court's holding in J. & B. Motors, Inc. v. Margolis, 75 Ariz. 392, 257 P.2d 588 (1953).

HISTORICAL NOTE

Source:

Federal Rules of Evidence, Rule 611.

Fed.Rules Civ.Proc., Rule 43(b), 28 U.S.C.A.

Code 1939, § 21-922.

Rules Civ.Proc., former Rule 43(g).