(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. 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)Record of Excluded Evidence. In an action tried by a jury, 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 the attorney expects to prove by the answer of the witness. The court shall require the offer to be made out of the hearing of the jury. 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. In actions tried without a jury the same procedure may be followed, except that 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.(c)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.(d)Examination of Witnesses. While examining or cross-examining a witness an attorney shall stand, unless the court otherwise permits.R.I. Super. Ct. R. Crim. P. 26
Last amended by Order dated June 22, 2017, effective 9/5/2017.1972 Notes
Rule 26 differs extensively from its federal counterpart. Federal Rule 26, which in its entirety is comparable to subdivision (a) of the Rhode Island rule, was drafted with a minimum of detail in anticipation of the adoption of a uniform body of rules of evidence for criminal trials in the federal courts. See Notes of the Advisory Committee, 4 F.R.D. 405, 422 (1946).
The rule, which preserves existing Rhode Island practice, is based upon subdivisions (a), (c), (d) and (f) of Rule 43, R.I.Super.R.Civ.P. The other portions of Civil Rule 43 are inappropriate in criminal proceedings.
Subdivision (b), which permits offers of proof, is the same as Rule 43(c), R.I.Super.R.Civ.P. It permits offers to be made on both direct and cross-examination.