Rule 43.Evidence
Part VI. Trials · Last verified September 4, 2026
Full Text of Rule 43
Plain-English Summary
Rule 43 governs how evidence comes in at trial. Several subsections are identical to the civil rule and say so; (a), (b) and (c) are not tagged that way.
Form and admissibility
Testimony is taken orally in open court — or in such other place as the judge in discretion determines — unless these rules provide otherwise. All evidence admissible under the statutes of the Commonwealth or the rules of evidence applied here is admitted, and competency of a witness is determined the same way.
Hostile and adverse witnesses
Subsection (b) allows leading questions to any unwilling or hostile witness. A party may call an adverse party and lead, contradict and impeach them in all respects as if the adverse party had called them — except by evidence of bad character. The witness so called may also be contradicted and impeached by or for the adverse party, and may be cross-examined by the adverse party only upon the subject matter of the examination in chief.
For any other witness, cross-examination may go beyond the scope of direct, subject only to the trial judge's sound discretion. So the scope limit runs the opposite way for an adverse party called by the other side than it does for an ordinary witness.
Preserving excluded evidence
Subsection (c) lets the examining attorney make a specific offer of proof when an objection is sustained. Where a stenographer is appointed, the court on request shall take and report the evidence in full — unless it clearly appears the evidence is inadmissible on any ground, or the witness is privileged. Read with Rule 46, which makes formal exceptions unnecessary where a stenographer is present or a recording is made.
The rest
Affirmation under the penalties of perjury may be accepted in lieu of an oath. Motions based on facts not of record may be heard on affidavits, though the court may direct oral testimony or depositions. The court may appoint an interpreter and fix reasonable compensation, payable from public funds or by the parties and ultimately taxable as costs in the court's discretion.
Subsection (g) is short and specific: unless the court permits otherwise, one attorney only for each party conducts the examination and cross-examination of any witness, and that attorney shall stand while doing it.
Frequently Asked Questions
Can I lead an adverse party on direct?
Yes. Rule 43(b) allows a party to interrogate any unwilling or hostile witness by leading questions, and to call an adverse party and interrogate, contradict and impeach that party in all respects as if called by the adverse party — except by evidence of bad character.
How far can cross-examination go?
For an adverse party called by the other side, cross-examination by that adverse party is limited to the subject matter of the examination in chief. Any other witness may be cross-examined without regard to the scope of the direct testimony, subject only to the trial judge's sound discretion.
How do I preserve excluded evidence for appeal?
Rule 43(c) allows the examining attorney to make a specific offer of what the answer is expected to prove. Where a stenographer has been appointed, the court on request shall take and report the evidence in full, unless it clearly appears the evidence is inadmissible on any ground or the witness is privileged. Rule 46 makes formal exceptions unnecessary.
Can two lawyers question the same witness?
Not unless the court permits. Rule 43(g) provides that the examination and cross-examination of any witness shall be conducted by one attorney only for each party, and that the attorney shall stand while examining or cross-examining unless the court otherwise permits.
Can a motion be decided on affidavits?
Rule 43(e) allows the court, where a motion is based on facts not appearing of record, to hear the matter on affidavits, but the court may direct that it be heard wholly or partly on oral testimony or depositions.