a Definition of witness. A “witness” is a person whose testimony under oath or affirmation is offered as evidence for any purpose, whether by oral examination, deposition, or affidavit.
Rule 43.Taking testimony.
Last amended January 1, 2022 · Last verified July 1, 2026
In one sentenceRule 43 sets ground rules for how witnesses testify, covering oaths and affirmations, interpreters, limits on who may examine a witness, the presumption of open-court testimony, and preserving the official record.
Full Text of Rule 43
b Affirmation instead of oath. When these rules require an oath, a solemn affirmation suffices.
c Interpreter. The court may appoint an interpreter of its choosing and may set the interpreter’s reasonable compensation, to be paid from funds provided by law or by one or more parties. The compensation may be taxed as costs.
d Limits on examining witness. Unless allowed by the court, only one attorney for each party may examine a witness.
e In open court. At trial, witness testimony must take place in open court, unless a statute, these rules, or the Arizona Rules of Evidence provide otherwise. For good cause and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.
f Evidence on a motion. If a motion relies on facts outside the record, the court may decide the matter on affidavits or on oral or deposition testimony.
g Preserving recording of court proceedings.
1 Transcripts and other recordings. The official verbatim recording of any court proceeding is an official record of the court. The original recording must be kept by the person who recorded it, a court- designated custodian, or the clerk in a place designated by the court. The recording must be retained according to the records retention and disposition schedules adopted by the Supreme Court, unless the court specifies a different retention period.
2 Transcription. If a certified reporter’s verbatim recording is to be transcribed, the certified reporter who made the recording must be given the first opportunity to make the transcription, unless that certified reporter no longer serves in that position or is unavailable for any other reason.
Amendment History
Promulgated by R-16-0010, effective January 1, 2017; amended by R-20-0013 on an emergency basis September 30, 2021 and made permanent January 1, 2022.
Plain-English Summary
Rule 43 defines a witness broadly as anyone whose sworn or affirmed testimony is offered as evidence, whether given live, by deposition, or by affidavit, and it lets a solemn affirmation stand in for an oath wherever these rules call for one. The court may appoint an interpreter and set reasonable compensation, payable from court funds or by the parties and taxable as costs, and unless the court allows otherwise, only one attorney per party may examine a given witness.
Trial testimony must happen in open court unless a statute, these rules, or the Arizona Rules of Evidence say otherwise, though for good cause and with appropriate safeguards the court may allow testimony by contemporaneous transmission from another location. When a motion turns on facts outside the record, the court can resolve it on affidavits or on oral or deposition testimony rather than requiring a live hearing.
The rule also protects the official record of what happened in court: the verbatim recording of any proceeding is itself an official court record, kept by the person who made it, a court-designated custodian, or the clerk, and retained under the schedules the Supreme Court has adopted. If a certified reporter's recording needs to be transcribed, that same reporter gets the first opportunity to prepare the transcript, unless no longer available to do so.
Frequently Asked Questions
Must witness testimony always happen in open court?
As a general rule yes, but for good cause and with appropriate safeguards, the court may permit testimony by contemporaneous transmission from another location.
How many attorneys per party can question the same witness?
Only one, unless the court allows otherwise.
Who gets to transcribe a certified reporter's recording of a proceeding?
The certified reporter who made the recording has the first opportunity to prepare the transcript, unless that reporter no longer serves in that role or is otherwise unavailable.
Source & verification. The rule text and History are reproduced verbatim from the
official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 43). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: witness testimonyoath or affirmationcourt interpreter