2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 43 - Mode and order of interrogation and presentation of evidence

(A) Definitions. —
(1) Direct examination. — The first examination of a witness upon a matter that is not within the scope of a previous examination of the witness.
(2) Cross-examination. — The examination of a witness by a party other than the direct examiner.
(3) Redirect examination. — An examination of a witness by the direct examiner subsequent to the cross-examination of the witness.
(4) Recross-examination. — An examination of a witness by a cross-examiner subsequent to a redirect examination of the witness.
(5) Leading question: — A question which suggests to the witness the answer desired by the examining party.
(6) Responsive answer. — A witness’s direct and concrete answer to a question.
(B) As a general rule, the examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, and recross-examination.
(C) The judge presiding at a trial or hearing shall have control and ample discretion over the mode of presenting evidence and interrogating the witnesses so as to:
(1) Make the presentation of evidence as effective as possible for the ascertainment of truth assuring the speediness of the proceedings and avoiding needless delays, and
(2) protect the witnesses from harassment, undue hardships, and humiliation.
(D) The judge may, on his/her own motion or at the request of a party call witnesses, allowing all parties to cross-examine a witness thus called. The judge may also interrogate a witness, whether called by him/herself or by a party, at any time. The examination by the judge shall be directed toward clarifying any doubts he/she may have or clarifying the record. At all times, the judge shall avoid turning into the attorney of one of the parties.
(E) At the request of a party, the judge shall exclude the witnesses that shall testify from the courtroom in order to prevent them from hearing the testimony of the others. The judge may order this exclusion on his/her own initiative. However, this rule does not authorize the exclusion of the following witnesses:
(1) A party who is a natural person, or
(2) a person whose presence is indispensable for the presentation of the evidence of a party, and it is previously shown to the court, or
(3) an official, officer or employee of a party who is not a natural person and who has been designated by the attorney of said party as his/her representative; in criminal proceedings, the court shall require that the representative of the People designated by the Office of the Prosecutor testifies prior to remaining in the courtroom if the prosecutor intends to use him/her as a witness. In no case shall the representation of the People fall on more than one person, who shall not be substituted without the authorization of the court.
(F) Cross-examination should be limited to the subject matter of the direct examination and to matters affecting the credibility of the witnesses. However, the court may, in the exercise of its discretion, permit inquiry into additional matters as if on direct examination.
(G) A witness must give responsive answers to the questions made, and answers that are not responsive shall be stricken on motion of any of the parties.
(H) A leading question may not be asked to a witness on direct or redirect examination, except where the interests of justice otherwise require. Leading questions may be asked on cross-examination or recross-examination. Leading questions shall also be permitted when a party calls a hostile witness, an adverse party, a witness identified with an adverse party, a person who, due to his age, poor education or other condition, is mentally deficient and has difficulty in expressing him/herself or a person who, because of embarrassment, is not willing to speak freely.
History —Amended on Dec. 13, 1990, No. 33, p. 129; Sept. 29, 2004, No. 502, § 1.