RULE CRLJ 43
                          TAKING OF TESTIMONY


    (a) Testimony.

    (1) Generally. In all trials the testimony of witnesses shall
be taken orally in open court, unless otherwise directed by the
court or provided by rule or statute.

    (2) Multiple Examinations. When two or more attorneys are
upon the same side trying a case, the attorney conducting the
examination of a witness shall continue until the witness is
excused from the stand; and all objections and offers of proof
made during the examination of such witness shall be made or
announced by the attorney who is conducting the examination or
cross examination.

    (b) and (c) (Reserved. See ER 103 and 611.)

    (d) Oaths of Witnesses.

    (1) Administration. The oaths of all witnesses

    (i) shall be administered by the judge;
    (ii) shall be administered to each witness individually; and
    (iii) the witness shall stand while the oath is administered.

    (2) Applicability. This rule shall not apply to civil ex
parte proceedings, and in such cases the manner of swearing
witnesses shall be as each court may prescribe.

    (3) 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.

    (e) 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.

    (f) Adverse Party as Witness.

    (1) Party or Managing Agent as Adverse Witness. A party, or
anyone who at the time of the notice is an officer, director, or
other managing agent (herein collectively referred to as
"managing agent") of a public or private corporation, partnership
or association which is a party to an action or proceeding may be
examined at the instance of any adverse party. Attendance of such
deponent or witness may be compelled solely by notice (in lieu of
a subpoena) given in the manner prescribed in CR 30(b)(1) to
opposing counsel of record. Notices for the attendance of a party
or of a managing agent at the trial shall be given not less than
10 days before trial (exclusive of the day of service, Saturdays,
Sundays, and court holidays). For good cause shown in the manner
prescribed in CR 26(c), the court may make orders for the
protection of the party or managing agent to be examined.

    (2) Effect of Discovery, etc. A party who has served
interrogatories to be answered by the adverse party or who has
taken the deposition of an adverse party or of the managing agent
of an adverse party shall not be precluded for that reason from
examining such adverse party or managing agent at the trial.
Matters admitted by an adverse party or managing agent in
interrogatory answers, deposition testimony, or trial testimony
are not conclusively established and may be rebutted.

    (3) Refusal To Attend and Testify; Penalties. If a party or a
managing agent refuses to attend and testify before the officer
designated to take his deposition or at the trial after notice
served as prescribed in CR 30(b)(1), the complaint, answer, or
reply of the party may be stricken and judgment taken against the
party, and the contumacious party or managing agent may also be
proceeded against as in other cases of contempt. This rule shall
not be construed:

    (i) to compel any person to answer any question where such
answer might tend to incriminate him;

    (ii) to prevent a party from using a subpoena to compel the
attendance of any party or managing agent to give testimony by
deposition or at the trial; nor

    (iii) to limit the applicability of any other sanctions or
penalties provided in CR 37 or otherwise for failure to attend
and give testimony.

    (g) Attorney as Witness. If any attorney offers himself as a
witness on behalf of his client and gives evidence on the merits,
he shall not argue the case to the jury, unless by permission of the court.

    (h) Recording as Evidence. Whenever the testimony of a
witness at a trial or hearing which was recorded is admissible in
evidence at a later trial, it may be proved by the recording
thereof duly certified by the person who recorded the testimony.

    (i) (Reserved. See ER 804.)

    (j) Record in Retrial of Nonjury Cases. In the event a cause
has been remanded by the court for a new trial or the taking of
further testimony, and such cause shall have been tried without a
jury, and the testimony in such cause shall have been taken in
full and used as the record upon review, either party upon the
retrial of such cause or the taking of further testimony therein
shall have the right, provided the court shall so order after an
application on 10 days' notice to the opposing party or parties,
to submit said record as the testimony in said cause upon its
second hearing, to the same effect as if the witnesses called by
him in the earlier hearing had been called, sworn, and testified
in the further hearing; but no party shall be denied the right to
submit other or further testimony upon such retrial or further
hearing, and the party having the right of cross examination
shall have the privilege of subpoenaing any witness whose
testimony is contained in such record for further cross examination.

     (k) Juror Questions for Witnesses.  The court shall permit
jurors to submit to the court written questions directed to
witnesses.  Counsel shall be given an opportunity to object to
such questions in a manner that does not inform the jury that
an objection was made.  The court shall establish procedures
for submitting, objecting to, and answering questions from
jurors to witnesses.  The court may rephrase or reword
questions from jurors to witnesses.  The court may refuse on
its own motion to allow a particular question from a juror to a witness.


[Adopted effective September 1, 1984; amended effective October 1, 2002;
September 1, 2006.]