Ind. Trial Rule 43

Effective January 1, 2020

(A) Form and admissibility.

In all trials the testimony of witnesses shall be taken in open court, unless state law, these

rules, the Indiana Rules of Evidence, or other rules adopted by the Indiana Supreme Court

provide otherwise.

(B) 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 depositions.

(C) Interpreters.

The court may appoint an interpreter of its own selection and may fix his 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. Application of this rule shall be in compliance with the Americans with Disabilities

Act.

(D) How evidence is presented.

The trial shall proceed in the following order, unless the court within its discretion, otherwise

directs: First, the party upon whom rests the burden of the issues may briefly state his case

and the evidence by which he expects to sustain it. Second, the adverse party may then

briefly state his defense and the evidence he expects to offer in support of it. Third, the party

on whom rests the burden of the issues must first produce his evidence thereon; the adverse

party will then produce his evidence which may then be rebutted.

(E) Public Access.

Court Records filed or introduced in court proceedings are not confidential except to the

extent provided by the Rules on Access to Court Records.