Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence(a) Control by the court; purposes. The court must 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 may address matters relevant to any issue in the case, including the credibility of any witness. The court may limit cross-examination about matters that were not addressed 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. A hostile witness or a witness identified with an adverse party may be cross-examined by the adverse party, but only as to matters that the witness testified to during his or her examination in chief. (d) Cross-examination relating to signatures. If a witness's examination in chief addresses only the signature to or execution of a paper, cross-examination must be limited to that signature or execution.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
Maine Rule 611 is similar to its federal counterpart, but does not limit cross-examination to the subject matter of direct unless the witness was the adverse party, was identified with the adverse party, or testified only to the signature to or execution of a paper. This distinction has been carried over in the restyling process.
Federal Restyling Committee Note
The language of Rule 611 has been amended as part of the 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 to change any result in any ruling on evidence admissibility.
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