(A) Form and admissibility. In all trials the testimony of witnesses shall be taken in open court, unless state law, these rules, the Indiana Rules of Evidence, or other rules adopted by the Indiana Supreme Court provide otherwise.
Rule 43.Evidence
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 43 sets the basic mechanics of an Indiana civil trial — testimony given in open court unless a rule says otherwise, affidavits allowed to resolve facts on motions, court-appointed interpreters, the default order for presenting each side’s case, and the general rule that court records stay public.
Full Text of Rule 43
(B) 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.
(C) Interpreters. The court may appoint an interpreter of its own selection and may fix his reasonable com- pensation. 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. Application of this rule shall be in compliance with the Americans with Disabilities Act.
(D) How evidence is presented. The trial shall proceed in the following order, unless the court within its discretion, otherwise directs: First, the party upon whom rests the burden of the issues may briefly state his case and the evidence by which he expects to sustain it. Second, the adverse party may then briefly state his defense and the evidence he expects to offer in support of it. Third, the party on whom rests the burden of the issues must first produce his evidence thereon; the adverse party will then produce his evidence which may then be rebutted.
(E) Public Access. Court Records filed or introduced in court proceedings are not confidential except to the extent provided by the Rules on Access to Court Records.
Amendment History
This rule’s current text took effect January 1, 2020. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 43(A) establishes the default that witness testimony is taken in open court, giving way only where state law, the trial rules, the Indiana Rules of Evidence, or another Supreme Court rule allows something else — a deposition read into the record under Rule 32, for instance. Rule 43(B) covers evidence on motions rather than at trial: when a motion turns on facts not already in the court record, the judge can decide it on affidavits from each side, or instead direct that the matter be heard, in whole or in part, through live testimony or depositions. Rule 43(C) lets the court appoint its own interpreter, rather than relying on one either party proposes, and set reasonable compensation for that interpreter — paid from available funds or ordered against one or more of the parties, and potentially taxed as costs at the court’s discretion — while requiring that the process comply with the Americans with Disabilities Act.
Rule 43(D) lays out the default order of trial, though the court can direct otherwise: the party carrying the burden of proof briefly previews its case and the evidence it expects to offer, the other side briefly previews its defense and evidence, and then the party with the burden puts on its evidence first, followed by the opposing party’s evidence, which can in turn be met with rebuttal. Rule 43(E) closes with a public-access principle — records filed or introduced in a court proceeding are not confidential, except to whatever extent the state’s rules on access to court records provide. Rule 43 is shorter today than it once was; a 2004 amendment moved the rule’s old, self-contained admissibility standard out of Trial Rule 43 and folded it into the Indiana Rules of Evidence, so questions about whether a particular piece of evidence comes in are now answered by that separate body of rules rather than by Rule 43 itself.
Frequently Asked Questions
Can a witness submit written testimony instead of appearing in court?
Not for trial testimony as a general matter — Rule 43(A) calls for testimony in open court unless another rule, statute, or Rules of Evidence provision allows otherwise. For a motion based on facts outside the existing court record, though, Rule 43(B) does let the court decide the motion on affidavits.
Who decides the order in which each side presents its case?
The court, applying the default sequence in Rule 43(D): the party with the burden of proof goes first with an opening statement and its evidence, then the other side, with rebuttal evidence to follow. The court has discretion to run the trial differently if it chooses.
Who pays for a court interpreter in an Indiana civil case?
Rule 43(C) leaves that to the court’s discretion — payment can come from funds provided by law or be ordered against one or more of the parties, and the cost may ultimately be assessed as case costs.
Can I choose which interpreter the court uses?
Rule 43(C) gives the court the authority to appoint an interpreter of its own selection, rather than requiring it to use whichever interpreter a party suggests.
Are the documents filed in my Indiana civil case public?
Generally, yes. Rule 43(E) provides that records filed or introduced in court proceedings are not confidential, except to the extent the rules governing access to court records say otherwise.
Does Rule 43 tell me whether a specific piece of evidence is admissible?
No, not directly. Since a 2004 amendment, questions of admissibility are governed by the Indiana Rules of Evidence rather than by Trial Rule 43, which now focuses on the mechanics of presenting evidence rather than on what evidence comes in.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 43). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
Also known as: order of proof at trial indianahow is evidence presented in indiana civil courtcourt interpreter indiana lawsuitare court records public in indianaevidence on motions by affidavit indianatrial rule 43