Rule 43. Taking Testimony.
(a) In Open Court. At trial, the witnesses' testimony must be taken in open court unless a Montana statute, the Montana 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) 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.
History: En. Sup. Ct. Ord. No. AF 07-0157, April 26, 2011, eff. Oct. 1, 2011.
Structure Montana Code Annotated
Chapter 20. Rules of Civil Procedure
Rule 38. Right to a Jury Trial; Demand
Rule 39. Trial by Jury or by the Court
Rule 40. Scheduling Cases for Trial
Rule 42. Consolidation; Separate Trials
Rule 44. Proving an Official Record
Rule 44.1. Determining Foreign Law
Rule 46. Objecting to a Ruling or Order
Rule 49. Special Verdicts and Interrogatories
Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error
Rule 52. Findings and Conclusions by the Court; Judgment on Partial Findings