Del. R. Evid. 611

As amended through December 15, 2023
Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence
(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. 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:
(1) on cross-examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

Del. R. Evid. 611

Amended November 28, 2017, effective 1/1/2018.

Comment

This rule tracks F.R.E. 611.

For prior Delaware cases illustrating the areas of law covered by Rule 611(a), see Wallace v. State, Del. Supr., 211 A.2d 845 (1965); Bove v. State, Del. Supr., 134 A. 630 (1926).

For prior Delaware cases illustrating the areas of law covered by Rule 611(b), see Steigler v. State, Del. Supr., 277 A.2d 662 (1971); Watson v. State, Del. Supr., 184 A.2d 780 (1962); Zutz v. State, Del. Supr., 160 A.2d 727 (1960); State v. Cox, 37 Del. 238, 181 A. 654 (1935).

D.R.E. 611 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. There is no intent to change any result in ruling on evidence admissibility.