(a) Form and Admissibility. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by these rules or the Mississippi Rules of Evidence.
Rule 43.Taking of Testimony
Chapter VI: Trials · Last amended July 1, 2020 · Last verified July 14, 2026
In one sentenceRule 43 requires trial testimony to be given orally in open court unless another rule or the evidence rules provide otherwise, allows a solemn affirmation in place of an oath, lets the court resolve factual disputes on a motion through affidavits or live testimony, and sets out how court-appointed interpreters are chosen and paid.
Full Text of Rule 43
(b) 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.
(c) 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.
(d) Interpreters. The court may appoint an interpreter of its own selection and may assess 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. However, in the event and to the extent that such interpreters are required to be provided under the provisions of the Americans with Disabilities Act, 42 U.S. C. § 12131, et seq. or under rules or regulations promulgated pursuant thereto, such compensation and other costs of compliance shall be paid by the county in which the court sits, and shall not be taxed as costs.
Advisory Committee Notes
The admission of telephonic testimony in lieu of a personal appearance in open court by the witness is within the sound discretion of the trial court. See Byrd v. Nix, 548 So. 2d 1317 (Miss. 1989) (interpreting M.R.C.P. 43(a) and M.R.E. 611(a)).
Amendment History
Effective July 1, 2020, Rule 43 was amended to re-designate former Rule 43(d) [Affirmation in Lieu of Oath] as Rule 43(b); to re-designate former Rule 43(e) [Evidence on Motions] as Rule 43(c); and to re-designate former Rule 43(f) [Interpreters] as Rule 43(d).
Effective July 1, 1998, Rule 43(f) [Interpreters] was amended in regard to compliance with the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq.
Effective January 10, 1986, Rule 43(a) was amended to provide that testimony may be taken other than in open court, as provided by the Mississippi Rules of Evidence, and to delete references to the admissibility of evidence; Rule 43(b) [Mode and Order of Interrogation], and Rule 43(c) [Record of Excluded Evidence] were abrogated. 478-481 So. 2d XXVII (West Miss. Cas. 1986).
Plain-English Summary
Rule 43(a) states the default rule for trial: witnesses testify live, under oath, in open court, unless these rules or the Mississippi Rules of Evidence allow something else. Courts have applied that flexibility to permit testimony by means other than a personal appearance — telephonic testimony, for instance — as a matter within the trial judge's discretion rather than an automatic right for either side. Rule 43(b) lets a witness who objects to swearing an oath give a solemn affirmation instead, with the same legal effect.
Rule 43(c) governs how a court handles disputed facts raised on a motion. Rather than requiring a mini-trial every time, the rule lets the court decide the matter on affidavits submitted by the parties, but it also gives the court discretion to direct that the issue be heard, in whole or in part, through oral testimony or depositions instead.
Rule 43(d) addresses interpreters. The court can appoint one of its own choosing and set reasonable compensation, which ordinarily comes from funds provided by law or from one or more of the parties as the court directs, and which can be taxed as costs in the court's discretion. But when an interpreter is required under the Americans with Disabilities Act, the calculus changes: that compensation and the other costs of compliance are paid by the county where the court sits, and they are not taxed as costs against either party.
Frequently Asked Questions
Must every witness testify in person in the courtroom?
That is the default under Rule 43(a), but the rule allows exceptions where these rules or the Mississippi Rules of Evidence permit another method. Mississippi courts have treated allowing testimony by telephone, for example, as a matter within the trial judge's discretion.
Can I affirm rather than swear an oath before testifying?
Yes. Rule 43(b) allows a solemn affirmation to be accepted in place of an oath wherever these rules require one.
How does a judge resolve a factual dispute raised in a motion?
Rule 43(c) lets the court decide the motion on affidavits submitted by the parties, or direct that the matter be heard wholly or partly through oral testimony or depositions instead.
Who picks the interpreter for a witness, and who pays for it?
The court selects the interpreter and sets reasonable compensation, which normally comes from funds provided by law or from the parties as the court directs and can be taxed as costs. When the Americans with Disabilities Act requires the interpreter, though, Rule 43(d) shifts that cost to the county where the court sits, and it is not taxed as costs against a party.
Does Rule 43 let a party demand a jury trial or is it only about evidence?
Rule 43 is limited to how testimony is taken and how motions and interpreters are handled at trial; it does not address jury trial demands, which are covered elsewhere in the rules.
Source & verification. Rule text and Advisory Committee Notes are
reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the
Supreme Court of Mississippi. Last verified July 14, 2026.
· Official source
Also known as: ms testimony in open court ruleaffirmation in lieu of oath mississippi civilevidence on motions affidavits mississippi rule 43court appointed interpreter ada mississippitelephonic testimony mississippi civil trial