Rule 26 Taking of Testimony
Rule Text
In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by an Act of the Commonwealth Legislature or by any rule adopted by this court.
Rule 26.1 DETERMINAT ION OF FOREIGN LAW A party who intends to raise an issue concerning the law of a foreign country shall give reasonable written notice. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Rules of Evidence of this court. The court's determination shall be treated as a ruling on a question of law.
Rule 26.2 PRODUCTION OF STATEMENTS OF WITNESSES
(a) Motion for Production. After a witness other than the defendant has testified on direct examination, the court, on motion of a party who did not call the witness, shall order the attorney for the government or the defendant and his/her attorney, as the case may be, to produce, for the examination and use of the moving party, any statement of the witness that is in their possession and that relates to the subject matter concerning which the witness has testified.
(b) Production of Entire Statement. If the entire contents of the statement relate to the subject matter concerning which the witness has testified, the court shall order that the statement be delivered to the moving party.
(c) Production of Excised Statement. If the other party claims that the statement contains matter that does not relate to the subject matter concerning which the witness has testified, the court shall order that it be delivered to the court in camera. Upon inspection, the court shall excise the portions of the statement that do not relate to the subject matter concerning which the witness has testified, and shall order that the statement, with such material excised, be delivered to the moving party. Any portion of the statement that is withheld from the defendant over his/her objection shall be preserved by the attorney for the government, and, in the event of a conviction and an appeal by the defendant, shall be made available to the appellate court for the purpose of determining the correctness of the decision to excise the portion of the statement
(d) Recess for Examination of Statement. Upon delivery of the statement to the moving party, the court, upon application of the party, may recess proceedings in the trial for the examination of such statement and for preparation for its use in the trial.
(e) Sanction for Failure to Produce Statement. If the other party elects not to comply with an order to deliver a statement to the moving party, the court shall order that the testimony of the witness be stricken from the record and that the trial proceed, or, if it is the attorney for the government who elects not to comply, shall declare a mistrial if required by the interest of justice.
(f) Definition. As used in this rule, a "statement" of a wimess means:
(1) a written statement made by the witness that is signed or otherwise adopted or approved by him/her;
(2 ) a substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the maldng of the oral statement and that is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof.