(a) In open court. At trial, the witnesses' testimony must be taken in open court unless a statute, these rules, the Idaho Rules of Evidence or other rules adopted by the Idaho 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.
Rule 43.Taking testimony
Title VI: Alternative Dispute Resolution and Trial · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 43 governs how testimony is taken at trial -- generally live and in open court, with allowances for remote transmission, affirmations instead of oaths, interpreters, the order of direct and cross-examination, and jury or court views of property.
Full Text of Rule 43
(b) Affirmation instead of an oath. When these rules require an oath, a solemn affirmation suffices.
(c) Interpreter. If any party, or person the party intends to call as a witness, needs an interpreter as provided in Idaho Court Administrative Rule 52, the party must notify the court at least 14 days before commencement of the court proceeding, or as soon as practicable in the event of an expedited hearing. If the party fails to do so without good cause and as a result the trial or hearing is postponed, the court may require the party to pay costs resulting from failing to give adequate notice.
(d) Direct and cross-examination. The examination of a witness by the party producing the witness is the direct examination; the examination of the same witness, by the adverse party is the cross-examination. The direct examination must be completed before the cross-examination begins, unless the court otherwise directs.
(e) Reexamination and recalling of witnesses. A witness once examined cannot be reexamined as to the same matter without leave of the court, but the witness may be reexamined as to any new matter upon which the witness has been examined by the adverse party. A witness, after being examined by the party producing the witness and the adverse party, cannot be recalled by the same party without leave of the court. This rule does not preclude the adverse party from calling the witness as that party's own witness for direct examination.
(f) View of premises, property or things. During a trial, the court may order that the court or jury may view any property, place, item or circumstance relevant to the action.
(1) Jury trials. The jury must be transported as a group, under the charge of an officer appointed by the court, to the place where the view is to be shown to them. No person may speak with the jurors on any subject connected with the trial of the action during the view, except as authorized by the court, and only the appointed officer may communicate with them in conducting the view pursuant to order of the court.
(2) Court trials. A view by the court must be conducted personally by the court after notice to all parties. Counsel have the right to be present at any view by the court or jury.
(g) Inspection of writings. Whenever a writing is shown to a witness it may be inspected by any other party.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
The default under Rule 43 is live testimony in open court, but the rule builds in room for exceptions where a statute, another rule, or the Idaho Rules of Evidence say otherwise, and it lets a court permit testimony by contemporaneous transmission from another location when there is good cause and compelling circumstances, along with appropriate safeguards. Where these rules call for an oath, a witness can give a solemn affirmation instead, and any party or witness who needs an interpreter has to notify the court at least 14 days before the proceeding -- or as soon as practical if the hearing is expedited -- with cost consequences if late notice forces a postponement.
The rule then walks through the mechanics of examining a witness. The party who calls a witness conducts direct examination, the opposing side conducts cross-examination, and direct has to finish before cross begins unless the court directs otherwise. Once a witness has been examined by both sides, that witness cannot be reexamined on the same matter, or recalled by the party who called them, without the court's leave -- though new matter raised on cross opens the door to further redirect, and nothing stops the other side from calling that same witness as its own. Rule 43(f) adds the option of a view: the court can send the jury, or go itself, to see property, a place, or a circumstance relevant to the case. A jury view travels as a group under an officer's charge, with no outside communication about the case permitted except through that officer, while counsel for all parties has the right to be present at any view. Finally, Rule 43(g) gives every party the right to inspect any writing shown to a witness during testimony.
Frequently Asked Questions
Can a witness testify remotely instead of appearing in the courtroom?
Only for good cause shown, in compelling circumstances, and with appropriate safeguards. Rule 43(a) allows contemporaneous transmission from a different location, but live in-court testimony remains the default.
Do I need to notify the court if a witness needs an interpreter?
Yes, at least 14 days before the proceeding, or as soon as practicable if the hearing is expedited. Failing to give notice without good cause, if it forces a postponement, can leave the party responsible for the resulting costs.
Can a witness be recalled to testify again after being examined by both sides?
Not without the court's permission. Once a witness has gone through direct and cross-examination, the party who called that witness needs leave of court to recall them, though the opposing party remains free to call the same witness as part of its own case.
What is a 'view' under Rule 43, and how is it conducted?
A view lets the court or jury see a place, property, or item relevant to the case in person. A jury view travels as a group under a court-appointed officer, with no one allowed to discuss the case with jurors except that officer; a court view is conducted personally by the judge after notice, and counsel for every party has the right to attend either kind.
If a witness is shown a document during testimony, does the other side get to see it too?
Yes. Rule 43(g) entitles any other party to inspect a writing that is shown to a witness during examination.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: taking testimony at trial idahoremote witness testimony idahointerpreter notice idaho courtdirect and cross examination orderjury view of property idahorecalling a witness at trial