RI · rules
R.I. Super. Ct. R. Crim. P. 26
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. 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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