Evidence

(a) Form. In every trial, the testimony of witnesses must be taken in open court, unless otherwise provided by court rule or by statute. (b) 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. (c) Evidence on Motions. 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 depositions. (d) Depositions, Interrogatories, and Admissions. Each party is permitted to quote directly from relevant transcribed or video depositions, interrogatories, requests for admissions, or any other evidence as stipulated to by the parties. (e) Documentary Evidence. Unless a timely objection has been made pursuant to Rule 39A(e), or a stipulation of admissibility has been reached by the parties, any documents that would be admitted upon testimony by a custodian of records or other originator, such as wage loss records, auto repair estimate records, or photographs, may be admitted into evidence without necessity of authentication or foundation by a live witness. (f) Interpreters. The court may appoint an interpreter of its own selection and may fix the interpreter’s reasonable compensation. The compensation must be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be taxed as costs, in the discretion of the court. [Amended; effective October 29, 2024.]