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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Control by the Court. The court should 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.
The court has discretion to admit evidence conditionally upon the representation that its relevancy will be established by evidence offered subsequently.
(b) Scope of Cross-Examination.
(1)In General. A witness is subject to cross-examination on any matter relevant to any issue in the case, including credibility and matters not elicited during direct examination. There must be a reasonable and good-faith basis for questions asked on cross-examination. The trial judge may restrict the scope of cross-examination in the exercise of judicial discretion.
(2)Bias and Prejudice. Reasonable cross-examination to show bias and prejudice is a matter of right which cannot be unreasonably restricted.
(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 an officer or agent of an adverse corporate party, or an investigator appointed under G. L. c. 119, § 21A.
(d) Rebuttal Evidence. The trial judge generally has discretion to permit the introduction of rebuttal evidence in civil and criminal cases. In certain limited circumstances, a party may introduce rebuttal evidence as a matter of right. There is no right to present rebuttal evidence that only supports a party's affirmative case.
(e) Scope of Subsequent Examination. The scope of redirect and recross-examination is within the discretion of the trial judge.
(f) Reopening. The court has discretion to allow a party to reopen its case.
(g) Stipulations.
(1)Form and Effect. A stipulation is a voluntary agreement between opposing parties concerning some relevant fact, claim, or defense and may include agreements in both civil and criminal cases to simplify the issues for trial. A stipulation as to a matter of law is not binding on the court. A judge may require a stipulation be reduced to writing. A party is bound by its stipulation in the absence of consideration unless relief is granted by the court. In order to avoid a failure of justice, a court may at any time relieve a party from its stipulation.
(2)Essential Element. A stipulation as to a fact constituting an essential element of a crime must be signed by the defendant, defense counsel, and the prosecutor and read to the jury before the close of the Commonwealth's case. Stipulations as to other material facts in criminal cases must be presented to the jury in some manner before the close of evidence.
Cite this article: FindLaw.com - Massachusetts Guide to Evidence 2025 Edition MA R EVID § 611 - last updated January 01, 2025 | https://codes.findlaw.com/ma/massachusetts-guide-to-evidence-2025-edition/ma-r-evid-sect-611/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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