On September 18, 2014, the Pa Supreme Court issued an Order adopting amendments to Pa Rule of Evidence 611. Rule 611 applies to the presentation of witnesses.
The Amendment revises subpart C which addresses when leading questions are permissible. Leading questions are generally permissible on cross examination and on direct examination of a hostile witness or an adverse party.
The amendment, which takes effect immediately, adds the following language to subpart C(2), or examination of a hostile witness or adverse party:
"A witness so examined should usually be interrogated by all other parties as to whom the witness is not hostile or adverse as if under redirect examination"
The amendment basically codifies the practice in some Courts. It also eliminates any confusion since some may argue that they are also entitled to leading questions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
