(a) Form. In every trial, the testimony of witnesses shall be taken in open court, unless a federal law, these rules, the Federal Rules of Evidence, or other rules adopted by the Supreme Court provide otherwise. 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) Scope of Examination and Cross -Examination.] (Abrogated Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975) [(c) Record of Excluded Evidence.] (Abrogated Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975)
(d) 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.
(e) 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.
(f) Interpreters. The court may appoint an interpreter of its own selection and may fix the interpreter’s 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.
(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.)
added in current removed in current
Compared to current version (2025).
(a) Form. In every trial, the testimony of witnesses shallIn Open Court. At trial, the witnesses’ testimony must be taken in open court, unless a federal law, these rulesstatute, the Federal Rules of Evidence, these rules, or other rules adopted by the Supreme Court provide otherwise. The court may, fFor good cause shown in compelling circumstances and uponwith appropriate safeguards, permit presentation ofthe court may permit testimony in open court by contemporaneous transmission from a different location. [
(b) Scope of Examination and Cross -Examination.] (Abrogated Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975) [(c) Record of Excluded Evidence.] (Abrogated Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975)
(d) Affirmation in Lieu ofAffirmation Instead of an Oath. Whenever under these rules an oath is required to be taken, a solemn affirmation may be accepted in lieu thereofrequire an oath, a solemn affirmation suffices.
(ec) Evidence on a Motions. When a motion is basedrelies on facts not appearing ofoutside the record, the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heardor may hear it wholly or partly on oral testimony or on depositions.
(fd) Interpreters. The court may appoint an interpreter of its own selection and may fix the interpreter’s reasonable compensation. The compensation shallchoosing; fix reasonable compensation to be paid out offrom 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 courtparties; 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.)