(a) In open court. At trial, the witnesses’ testimony shall be taken in open court, unless a statute, the West Virginia Rules of Evidence, these Rules, or other rules adopted by the Supreme Court of Appeals of West Virginia provide otherwise.
Rule 43.Taking testimony
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 43 requires trial testimony to be taken in open court unless another rule or statute allows otherwise, lets a solemn affirmation substitute for an oath, allows the court to resolve factual disputes on a motion through affidavits, oral testimony, or depositions, and lets the court appoint and compensate an interpreter.
Full Text of Rule 43
(b) Affirmation instead of an oath contemporaneously or otherwise. When these rules require an oath, a solemn affirmation may be accepted in lieu thereof.
(c) Evidence on motions. 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.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Rule 43 sets the default posture for evidence at trial: witnesses testify live, in open court, unless a statute, the Rules of Evidence, these rules, or another Supreme Court of Appeals rule says otherwise. Anyone who objects to swearing an oath can affirm instead — the rules treat a solemn affirmation as the equivalent.
Motions often turn on facts outside the existing record, and Rule 43(c) gives the court flexibility in resolving them: it can rely on affidavits, or hear the matter wholly or partly through live testimony or depositions.
When a witness needs an interpreter, the court appoints one of its own choosing, sets reasonable compensation payable from funds provided by law or by one or more of the parties, and can tax that expense as costs in the case.
Frequently Asked Questions
Does trial testimony have to be given live in the courtroom?
Generally yes — Rule 43(a) requires testimony to be taken in open court unless a statute, the Rules of Evidence, these rules, or another Supreme Court of Appeals rule provides otherwise.
Can I affirm instead of swearing an oath?
Yes. Rule 43(b) lets a solemn affirmation substitute for an oath wherever these rules require one.
How does the court decide facts disputed in a motion?
The court can rely on affidavits, or hear the matter wholly or partly through oral testimony or depositions.
Who pays for a court-appointed interpreter?
The court sets reasonable compensation payable from funds provided by law or by one or more of the parties, and it can tax that expense as costs.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 43). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: testimony in open courtaffirmation instead of oathcourt interpreter