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Rule 43 – Taking Testimony

May 14, 2021 | Civil Procedure, Ohio

(A) In open court. At trial or hearing, the witnesses’ testimony shall be taken in open court unless a statute, the Rules of Evidence, these rules, or other rules adopted by the Supreme Court 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.
(B) 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.

Ohio. Civ.R. 43

Effective:July 1, 2015.

Staff Note (July 1, 2015 Amendment)

The July 1, 2015 amendment adopts a new rule-Civ. R. 43-heretofore designated within the Ohio rules as “Reserved”. The new rule is modeled on Fed. R. Civ.P. 43. Division (A) recognizes the availability of modern electronic transmission facilities by specifically authorizing live open court testimony from a location outside the courtroom. Consistent with Fed. R. Civ. P. 43(c) division (B) provides that a court may, in its discretion, consider facts presented by affidavit in deciding a motion.