Last amended December 1, 2007 · Last verified June 30, 2026
In one sentenceRule 43 requires trial testimony to be taken in open court with the witness under oath unless a rule or statute provides otherwise, and it allows testimony by contemporaneous transmission from another location for good cause in compelling circumstances.
(a)In 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)Interpreter. 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.
End
Amendment History
(Amended February 28, 1966, effective July 1, 1966; November 20, 1972, and December 18, 1972, effective July 1, 1975; March 2, 1987, effective August 1, 1987; April 23, 1996, effective December 1, 1996; April 30, 2007, effective December 1, 2007.)
Plain-English Summary
Rule 43 states the default for how evidence reaches the factfinder at trial: live, in open court, with the witness sworn. Seeing and hearing a witness in person is the norm, and the rules of evidence govern what may be asked and admitted.
The rule builds in flexibility. For good cause in compelling circumstances, and with appropriate safeguards, the court may permit a witness to testify by contemporaneous video or similar transmission from a different place. It also confirms that the court determines preliminary questions and motions on evidence, and that when a master or court order calls for it, evidence may be taken as the order directs.
Frequently Asked Questions
How is trial testimony taken in federal court?
Under Rule 43(a), in open court with the witness under oath, unless a federal statute or rule provides otherwise.
Can a witness testify remotely?
Yes, in limited cases. For good cause in compelling circumstances and with safeguards, the court may allow testimony by contemporaneous transmission from another location (Rule 43(a)).
Source & verification. The rule text and amendment history are reproduced verbatim from the
official Federal Rules of Civil Procedure (Fed. R. Civ. P. 43), a public-domain work of the U.S. Government.
Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. ·
Official source
Also known as:FRCP 43Fed. R. Civ. P. 43taking testimonytestimony in open courtremote testimony