Taking of Testimony

(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. History: Amended July 22, 1993, effective October 19, 1993. Compare. — Rule 26, Fed. Rules Cr. Proc. Hypnosis raises issue of credibility with respect to the testimony of a witness, but the fact that the witness has been hypnotized does not render the witness incompetent to testify. Haselhuhn v. State, 727 P.2d 280, 1986 Wyo. LEXIS 633 (Wyo. 1986), cert. denied, 479 U.S. 1098, 107 S. Ct. 1321, 94 L. Ed. 2d 174, 1987 U.S. LEXIS 849 (U.S. 1987). Testimony of assistant store manager was not enhanced by hypnotic interview where his testimony at the preliminary exami- nation and at the trial was consistent with the statement first given to the police on the night of the robbery, and the only difference was that the assistant store manager was able to iden- tify defendant as the robber when he saw him in person. Haselhuhn v. State, 727 P.2d 280, 1986 Wyo. LEXIS 633 (Wyo. 1986), cert. denied, 479 U.S. 1098, 107 S. Ct. 1321, 94 L. Ed. 2d 174, 1987 U.S. LEXIS 849 (U.S. 1987). Law reviews. — For comment, “Article VI of the Wyoming Rules of Evidence: Witnesses,” see XIII Land & Water L. Rev. 909 (1978).