§ 20.08 KEY POINTS

• Jurisdiction: North Carolina

§ 20.08. KEY POINTS

Court control. Rule 611(a) is written in broad terms. Among other things, the trial judge has the authority to re-open the case, alter the order of proof, permit the recall of a witness, and grant continuances. In addition, the judge may authorize special methods to deal with child witnesses (e.g., sitting on a parent's lap) and set time limits on the presentation of evidence. The court's control also extends to jury issues, such as the use of exhibits in the jury room, jury questioning, and jury notetaking.

Narrative testimony. Testimony may be elicited by specific interrogation (question and answer) or by free narrative. The most cogent objection to free narrative is that there may be no opportunity to interpose objections. The trial court has discretion to preclude free narrative.

Leading questions. A leading question is one that suggests the answer. Leading questions are prohibited on direct examination because it is assumed that a witness is particularly susceptible to suggestion under questioning by the party calling the witness. Here, again, the trial court has considerable discretion.

Exceptions. Rule 611(c) recognizes several exceptions to the prohibition against leading questions on direct examination. They are permitted (1) on preliminary matters, (2) when necessary to develop a witness's testimony, (3) when the witness is "hostile," (4) when the witness is an adverse party, and (5) when the witness is identified with an adverse party.

Leading questions on cross-examination. Leading questions typically are permitted on cross-examination. Here, the law assumes that the witness is not as susceptible to suggestion. The term "ordinarily" in Rule 611(c) addresses situations where this assumption is not operative.

Scope of cross-examination. There are two principal rules on the scope of cross-examination: (1) the wide-open rule and (2) the restrictive rule. Federal Rule 611(b) adopts the restrictive rule. Under...