Taking testimony

West Virginia Rules of Civil Procedure

Rule: 43.

Jurisdiction: WV

Bluebook Citation: W.Va. R. Civ. P. 43.

(a) In open court. At trial, the witnesses’ testimony shall be taken in open court, unless a statute, the West Virginia Rules of Evidence, these Rules, or other rules adopted by the Supreme Court of Appeals of West Virginia provide otherwise. (b) Affirmation instead of an oath contemporaneously or otherwise. When these rules require an oath, 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 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.

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