(a) In Open Court. — At trial, the witnesses’ testimony must be taken in open court unless these rules, a statute, the Wyoming Rules of Evidence, or other rules adopted by the Supreme Court of Wyoming 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
Group VI: Trials · Last amended March 1, 2017 · Last verified July 14, 2026
In one sentenceRule 43 requires trial testimony to be given live in open court except in defined circumstances, allows an affirmation to substitute for an oath, lets the court decide motions on affidavits or oral testimony, and authorizes the court to appoint an interpreter.
Full Text of Rule 43
(b) Affirmation Instead of an Oath. — When these rules require an oath, a solemn affirmation suffices.
(c) Evidence on a Motion. — 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
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Rule 43 sets the default for how witnesses speak at trial: in person, in open court, where the judge and jury can watch them answer. That default bends only for good cause in compelling circumstances, and even then the court has to build in safeguards before allowing testimony by remote transmission. The rule also treats an affirmation as equal to an oath, so a witness who objects to swearing on religious or personal grounds can still testify under a solemn promise to tell the truth with no loss of legal weight.
Outside of trial, the rule gives the court flexibility. When a motion turns on facts the written record does not settle, the judge can decide it on affidavits, live testimony, depositions, or some combination of the three. Rule 43 closes with a practical detail: the court can appoint an interpreter, set reasonable pay for that person, and add the cost to the case as taxable costs, so language barriers do not stand in the way of a witness being heard.
Frequently Asked Questions
Can a witness testify remotely instead of appearing in the courtroom?
Only in limited circumstances. The court must find good cause in compelling circumstances and put safeguards in place before permitting testimony by contemporaneous transmission from another location.
What is the difference between an oath and an affirmation?
None as far as the law is concerned. Rule 43 treats a solemn affirmation as a full substitute for an oath, giving a witness who will not swear an oath another way to promise truthful testimony.
How does a court resolve a motion when the facts are disputed?
The judge can hear the matter on affidavits, take oral testimony, review depositions, or use any mix of those, rather than being limited to the papers already on file.
Who selects an interpreter and who pays for one?
The court chooses the interpreter and sets reasonable compensation. That pay comes from funds provided by law or from one or more parties, and it can be taxed as costs in the case.
Does Rule 43 apply only to jury trials?
No. It governs how testimony is taken at trial generally, along with how the court handles evidence on motions, regardless of whether a jury or the judge alone is deciding the case.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the
Supreme Court of Wyoming. Last verified July 14, 2026. ·
Official source
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