Chapter 6 - 6.2 Rule On Witnesses

JurisdictionVirginia

6.2 RULE ON WITNESSES

Rule 2:615 sets forth the rule on witnesses.4 The rule seems to be straightforward, but issues arise as to:

• Can counsel ask questions of a prospective witness once the rule is invoked?

• Can counsel ask questions of a witness during a break in the examination?

The purpose of the rule is to prevent the witness from being tainted by exposure to information already presented in the courtroom. There is nothing in the rule that precludes counsel from asking questions of a witness at...

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