(a) Form. In all trials and evidentiary hearings, the testimony of a witness must be taken in open court, unless otherwise provided by these rules, the Utah Rules of Evidence, or a statute of this state. In civil proceedings, the court may, upon request or on its own order, and for good cause and with appropriate safeguards, permit remote testimony in open court. Remote testimony will be presented via videoconference if reasonably feasible, or if not, via telephone or assistive device.
Rule 43.Evidence
Part VI: Trials · Last amended November 1, 2022 · Last verified July 13, 2026
In one sentenceRule 43 tells the court how testimony gets presented at trial and hearings, including when and how it can happen remotely.
Full Text of Rule 43
(b) Remote testimony safeguards. No hearing may proceed unless the court ensures that all necessary remote testimony safeguards are provided, by the court or by the parties. An objection to a lack of safeguards is waived unless timely made. Remote testimony safeguards must include:
(1) a notice of (i) the date, time, and method of transmission; (ii) instructions for participation, and (iii) contact information for technical assistance;
(2) a verbatim record of the testimony;
(3) upon request to the court, access to the technology and resources to participate, including an interpreter, telephone, or assistive device;
(4) a court-provided or party-provided means for a party and the party’s counsel to communicate confidentially;
(5) a court-provided or party-provided means for the party and the party’s counsel to share documents, photos, and other electronic materials among the remote participants; and
(6) any other measures the court deems necessary to maintain the integrity of the proceedings.
(c) Remote hearing oath. An oath in substantially the following form must be given prior to any remote hearing testimony: “You do solemnly swear (or affirm) that the evidence you shall give in this matter shall be the truth, the whole truth and nothing but the truth, and that you will neither communicate with, nor receive any communications from, another person during your testimony unless authorized by the court, so help you God (or, under the pains and penalties of perjury).”
(d) Evidence on motions. When a motion is based on facts not in the record, the court may hear the matter on affidavits, declarations, oral testimony, or depositions.
Amendment History
Amended effective Jan. 1, 1987; November 1, 2016; May 1, 2021; November 1, 2022.
Plain-English Summary
Rule 43 starts from a default: testimony belongs in open court, live, unless another rule, the Utah Rules of Evidence, or a statute says otherwise. Within that default, the rule gives courts room to allow remote testimony in civil proceedings — by videoconference where that's practical, or by telephone or another assistive device if it isn't — when a party asks, or the court decides on its own, and good cause and appropriate safeguards are in place.
Those safeguards aren't optional extras; Rule 43(b) makes them a precondition — no remote hearing can go forward unless they're in place, though an objection to missing safeguards is waived if not raised promptly. The list is specific: advance notice of the date, time, and method of transmission along with participation instructions and tech-support contacts; a verbatim record of the testimony; access to interpreters, phones, or assistive devices on request; a way for a party to confer confidentially with counsel during the proceeding; a way to share documents and other exhibits among remote participants; and whatever else the court thinks the proceeding's integrity requires.
Rule 43(c) supplies the actual oath a witness must take before testifying remotely, which — beyond the usual truth-telling language — includes a promise not to communicate with anyone off-camera during testimony unless the court allows it.
Rule 43(d) covers a different situation: when a motion turns on facts that aren't already part of the record, the court can resolve those facts by looking at affidavits, declarations, oral testimony, or depositions, rather than requiring a full evidentiary hearing.
Frequently Asked Questions
Can a witness testify by video instead of appearing in the courtroom?
Yes, in civil proceedings, for good cause and with the required safeguards in place. Videoconference is used where reasonably feasible; otherwise telephone or an assistive device.
What has to be in place before a court allows remote testimony?
Notice of the date, time, and method; a verbatim record; access to an interpreter or needed technology; a confidential way to communicate with counsel; a way to share documents; and any other safeguards the court requires.
What oath does a remote witness take?
The oath set out in Rule 43(c), which requires truthful testimony and also bars communicating with anyone off-camera during testimony unless the court permits it.
Can I lose the right to object to a remote hearing's safeguards?
Yes. An objection to missing safeguards is waived if it isn't raised in a timely way.
How does a court decide disputed facts on a motion without a trial?
Rule 43(d) lets the court hear the matter on affidavits, declarations, oral testimony, or depositions.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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