§ 12-2611. Mode and order of interrogation and presentation.

A.  Subject to subsection B of this section, the court shall exercise control over the manner and order of interrogating witnesses and presenting evidence so as to:

1.  Make the interrogation and presentation effective for the ascertainment of the truth;

2.  Avoid needless consumption of time; and

3.  Protect witnesses from harassment or undue embarrassment.

B.  Any party to a civil action or proceeding may compel any adverse party or person, or any agent, servant or employee of such party or person, for whose benefit such action or proceeding is instituted, prosecuted or defended, to testify as a witness, at the trial, or by deposition, in the same manner and subject to the same rules as other witnesses, provided that any such adverse party, or the adverse party’s agent, servant or employee called as a witness by the opposing party shall be deemed a hostile witness and may be cross-examined by the party calling the witness to the same extent as any opposition witness.

C.  Cross-examination shall be limited to the subject matter of the direct examination and matters affecting the credibility of the witness.  The court may permit inquiry into additional matters as if on direct examination.

D.  Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness’s testimony.  Leading questions should ordinarily be permitted on cross-examination.  When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, leading questions may be used on direct examination.

Added by Laws 1978, c. 285, § 611, eff. Oct. 1, 1978.  Amended by Laws 2002, c. 468, § 50, eff. Nov. 1, 2002.