Rule 26 – Taking of testimony

May 14, 2021 | Criminal Procedure, Wyoming

(a) In general.

In all trials, the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute, or by these rules, by the Wyoming Rules of Evidence, or by other rules adopted by the Supreme Court of Wyoming.

(b) Testimony by electronic means.

The court may permit a witness to testify by electronic means at any hearing or, if substantial rights of the defendant are not prejudiced thereby, at a trial. This section does not apply to previously recorded testimony. The party proposing to have a witness testify by electronic means shall give five days written notice of the request to the opposing party, unless the time is shortened by the court for good cause. An oath or affirmation administered by a judicial officer to a witness who will testify by electronic means shall be done in the same manner and shall have the same effect as an oath or affirmation administered in open court.

Wyo. R. Prac. & P. 26

amended July 22, 1993, effective October 19, 1993