R.I. Dist. R. Civ. P. 43

As amended through June 7, 2024
Rule 43 - Evidence.
(a) Form and Admissibility. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute, or by these rules, or by the Rhode Island Rules of Evidence. All evidence shall be admitted which is admissible under the statutes of this state, or under the Rhode Island Rules of Evidence. The competency of a witness to testify shall be determined in like manner.
(b) Scope of Examination and Cross-examination. A party may interrogate any unwilling or hostile witness by leading questions. A party may call an adverse party or an officer, director or managing agent of a public or private corporation or of a partnership or association which is an adverse party, and interrogate him or her by leading questions and contradict and impeach him or her in all respects as if he or she had been called by the adverse party, except by evidence of bad character, and the witness thus called may be contradicted and impeached by or on behalf of the adverse party also, and may be cross-examined by the adverse party only upon the subject matter of his or her examination in chief.
(c) [Reserved].
(d) Affirmation in Lieu of Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereof.
(e) Evidence on Motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.
(f) Examination of Witnesses. The examination and cross-examination of any witness shall be conducted by one (1) attorney only on each side. The attorney shall stand while so examining or cross-examining unless the court otherwise permits.
(g) Copies of Documents. A certified copy of each will, deed or other recorded instrument used in evidence shall be filed in all cases, unless otherwise ordered by the court.
(h) Order of Trial.
(1)Opening and Closing. The party holding the burden of proof shall in all cases, except on motions, open and close the question before the court. On motions the moving party shall open and close.
(2)Several Issues. When there are several issues, with respect to some of which the burden of proof is on the plaintiff and with respect to others it is on the defendant, the plaintiff shall open and close.
(i) Withdrawal of Evidence. Attorneys shall withdraw forthwith after the final disposition of cases, with the approval of the court, all books, papers, documents, plats, and things introduced in evidence and not required by statute, rule, or special order to remain on file, upon leaving copies thereof duly attested by the clerk, if the court shall so direct. If the same are not withdrawn within thirty (30) days the clerks shall not be required to preserve the same; but no original paper for absolute or contingent payment of money, such as a bill, bond, note or the like, shall be taken from the files until the clerk has noted on the face thereof, if the same be the cause of action, the state or result, as the case may be, of the action thereon.

R.I. Dist. R. Civ. P. 43