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DE · rules

Del. Super. Ct. Civ. R. 43

Taking of testimony; conferences during trial

activein force · 1997-04-04 – presentact-effective-date

(a) Form. In every trial, the testimony of witnesses shall be taken in open court, unless otherwise provided

by statute, by the Delaware Uniform Rules of Evidence, by these rules, or by order for cause. The Court

may, for good cause shown in compelling circumstances and upon appropriate safeguards, permit

presentation of testimony in open court by contemporaneous transmission from a different location.

(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.

History

Amended, effective Jan. 1, 1967; May 1, 1984; Jan. 1, 1991; Apr. 4, 1997.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
7dfc568af258f427edfc1415b5f3d28b0490c86a0e2bfbe903ec9d36af48a6b9
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