DE · rules
Del. Ct. Com. Pl. Civ. R. 43
Taking of testimony: Conferences during trial
(a) Form. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise
provided by statute, by the Delaware Uniform Rules of Evidence, by these rules, or by order for cause.
(b) Conferences during trial. All sidebar conferences and chambers conferences during trial shall be
recorded unless the trial judge determines, in advance, that neither evidentiary nor substantive issues are
involved.
(c) Affirmation in lieu of oath. Whenever under these Rules an oath is required to be taken, a solemn
affirmation may be accepted in lieu thereof.
(d) Evidence on motions. When a motion is based on facts not appearing of record the Court may hear the
matter on affidavits presented by the respective parties, but the Court may direct that the matter be heard
wholly or partly on oral testimony or deposition.
(e) Interpreters. The Court may appoint an interpreter of its own selection and may fix reasonable
compensation. The compensation shall be paid out of funds provided by law or by one or more of the
parties as the Court may direct, and may be taxed ultimately as costs, in the discretion of the Court.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
738259a5d8d365ad2a925f005fa89b32c9f25e2a403493cdd1ba170e893ca635
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