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RI · rules

R.I. Super. Ct. R. Crim. P. 26

Evidence

activein force · 2024-02-01 – presentact-effective-date

(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. 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) Record of Excluded Evidence. In an action tried by a jury, if an objection to a

question propounded to a witness is sustained by the court, the examining attorney

may make a specific offer of what the attorney expects to prove by the answer of the

witness. The court shall require the offer to be made out of the hearing of the jury.

The court may add such other or further statement as clearly shows the character of

the evidence, the form in which it was offered, the objection made, and the ruling

thereon. In actions tried without a jury the same procedure may be followed, except

that the court upon request, shall take and report the evidence in full, unless it clearly

appears that the evidence is not admissible on any ground or that the witness is

privileged.

(c) 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.

(d) Examination of Witnesses. While examining or cross-examining a witness an

attorney shall stand, unless the court otherwise permits.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
990ff3a2d100a3734dc63143e9c6d4a6fbbb190c36b7964bbe638d7a8f0daba2
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R.I. Super. Ct. R. Crim. P. 26 — Evidence · binding.law