RULE CR 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.  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.

        (2)Multiple Examinations. When two or more attorneys are on 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 in the superior court

            (A) shall be administered by the judge;

            (B) shall be administered to each witness individually; and

            (C) the witness shall stand while the oath is administered.

       (2) Applicability. This rule shall not apply to civil ex parte proceedings
or default divorce cases and in such cases the manner of swearing
witnesses shall be as each superior 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.

        (1) Generally.  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.

        (2) For injunctions, etc.  On application for injunction or motion to
dissolve an injunction or discharge an attachment, or to appoint or
discharge a receiver, the notice thereof shall designate the kind of
evidence to be introduced on the hearing.  If the application is to be
heard on affidavits, copies thereof must be served by the moving party
upon the adverse party at least 3 days before the hearing.  Oral testimony
shall not be taken on such hearing unless permission of the court is first
obtained and notice of such  permission served upon the adverse
party at least 3 days before the hearing. This rule shall not be construed
as pertaining to applications for restraining orders or for appointment of
temporary receivers.

    (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 rule 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 rule 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 the 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 rule
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:

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

            (B) 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

            (C) to limit the applicability of any other sanctions or penalties
provided in rule 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) Report or Transcript as Evidence. Whenever the testimony of a witness at a
trial or hearing which was reported is admissible in evidence at a later
trial, it may be proved by the transcript thereof duly certified by the
person who reported the testimony.

    (i) (Reserved. See ER 804.)

    (j) Report of Proceedings 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 report
of proceedings 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 report of proceedings 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 report of
proceedings 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.


[Amended effective January 1, 1977; April 2, 1979; September 1, 1988; amended
effective October 1, 2002; September 1, 2006; September 1, 2010.]