(1) The judge shall exercise reasonable control over the mode and order of the interrogation of witnesses and the presentation of evidence, so as to:
- (a) Facilitate, through effective interrogation and presentation, the discovery of the truth.
- (b) Avoid needless consumption of time.
- (c) Protect witnesses from harassment or undue embarrassment.
(2) Cross-examination of a witness is limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in its discretion, permit inquiry into additional matters.
(3) Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness’s testimony. Ordinarily, leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.
The judge shall take special care to protect a witness under age 14 from questions that are in a form that cannot reasonably be understood by a person of the age and understanding of the witness, and shall take special care to restrict the unnecessary repetition of questions.
Controlling the Flow of Trial: This statute gives the judge broad authority to manage how witnesses are questioned and how evidence is presented. The overall goals are to ensure the trial is fair, efficient, and seeks the truth.
(1) The Judge's Role: The judge acts as a referee to make sure the trial is effective, doesn't waste time, and that witnesses are protected from harassment.
(2) Scope of Cross-Examination: In Florida, cross-examination is generally limited to two areas:
- The subject matter that was discussed during the direct examination.
- Matters that affect the witness's credibility (impeachment).
A judge has the discretion to allow questions on other topics, but it is not required.
(3) Leading Questions: A leading question is one that suggests the answer (e.g., "You weren't at the scene, were you?").
- On Direct Examination: Leading questions are generally **not allowed**. A lawyer must let their own witness tell the story. Exceptions are made for preliminary background information, to help a witness who is forgetful, or when questioning a hostile witness.
- On Cross-Examination: Leading questions are **allowed** and are a primary tool for testing the truthfulness and accuracy of the witness's testimony.
The rule also places a special duty on judges to protect child witnesses from confusing or repetitive questioning.
