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Fed. R. Civ. P. 43

Taking Testimony

activein force · 2024-12-01 – presentact-effective-date

(a) I N OPEN COURT. At trial, the witnesses’ testimony must be

taken in open court unless a federal statute, the Federal Rules of

Evidence, these rules, or other rules adopted by the Supreme

Court provide otherwise. For good cause in compelling circumstances and with appropriate safeguards, the court may permit

testimony in open court by contemporaneous transmission from a

different location.

(b) AFFIRMATION INSTEAD OF AN OATH. When these rules require

an oath, a solemn affirmation suffices.

(c) EVIDENCE ON A MOTION. When a motion relies on facts outside

the record, the court may hear the matter on affidavits or may

hear it wholly or partly on oral testimony or on depositions.

(d) I NTERPRETER. The court may appoint an interpreter of its

choosing; fix reasonable compensation to be paid from funds provided by law or by one or more parties; and tax the compensation

as costs.

(As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 20, 1972, and Dec.

18, 1972, eff. July 1, 1975; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 23, 1996,

eff. Dec. 1, 1996; Apr. 30, 2007, eff. Dec. 1, 2007.)

67 Rule 44 FEDERAL RULES OF CIVIL PROCEDURE

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
60cf70c1f569b1dd9a5836d207d2b25e41091488502d35e01f2c4fe265840e7e
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Fed. R. Civ. P. 43 — Taking Testimony · binding.law