Rule 43.Evidence.

Subdivision (a) starts with the default that shapes a family court trial: testimony is taken orally in open court unless a statute, these rules or the Rhode Island Rules of Evidence provide otherwise, and admissibility and a witness's competency are measured by state statutes and those Rules of Evidence. Subdivision (e) carves out motions. When a motion rests on facts not in the record, the court may hear it on affidavits, though it may direct that the matter be heard wholly or partly on oral testimony or depositions.

Subdivision (b) is the tool for questioning the person across the table. A party may use leading questions with an unwilling or hostile witness, and may call an adverse party, or an officer, director or managing agent of a corporate, partnership or association adverse party, ask leading questions, and contradict and impeach that witness in all respects except by evidence of bad character. The witness called this way may be cross-examined by the adverse party only on the subject matter of the examination in chief.

Subdivision (c) preserves what never came in. When an objection to a question is sustained, the examining attorney may make a specific offer of what the answer was expected to prove, the court may add a statement showing the character of the evidence, the form of the offer, the objection and the ruling, and on request the court shall take and report the evidence in full unless it clearly appears inadmissible on any ground or the witness is privileged.

Several subdivisions set courtroom practice that differs from what people expect. Under subdivision (f) one attorney only on each side conducts the examination and cross-examination of a witness, and that attorney stands unless the court permits otherwise; examination past direct, cross and redirect takes leave of court. Subdivision (g) requires a certified copy of any will, deed or other recorded instrument used in evidence to be filed unless the court orders otherwise, and subdivision (i) bars attorneys from withdrawing anything introduced in evidence without the court's approval or authority in a Family Court Rule of Practice or administrative order. Subdivision (d) permits a solemn affirmation in place of an oath, and subdivision (h) gives the opening and closing to the party holding the burden of proof, to the moving party on motions, and to the plaintiff where the burden is split across several issues.