Fed. R. Civ. P. 43 (Taking Testimony) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Fed. R. Civ. P. 43.
Text
(a)IN OPEN COURT. At trial, the witnesses’ testimony must be
taken in open court unless a federal statute, the Federal Rules of
Evidence, these rules, or other rules adopted by the Supreme
Court provide otherwise. For good cause in compelling circum-
stances 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 fro
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(a) IN OPEN COURT. At trial, the witnesses’ testimony must be taken in open court unless a federal statute, the Federal Rules of Evidence, these rules, or other rules adopted by the Supreme Court provide otherwise. For good cause in compelling circum- stances 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 pro- vided by law or by one or more parties; and tax the compensation as costs. (As amended Feb. 28, 1966, eff. July 1, 1966; Nov. 20, 1972, and Dec. 18, 1972, eff. July 1, 1975; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 30, 2007, eff. Dec. 1, 2007.) Proving an Official Record (a) MEANSOFPROVING. (1) Domestic Record. Each of the following evidences an offi- cial record—or an entry in it—that is otherwise admissible and is kept within the United States, any state, district, or commonwealth, or any territory subject to the administrative or judicial jurisdiction of the United States: (A) an official publication of the record; or (B) a copy attested by the officer with legal custody of the record—or by the officer’s deputy—and accompanied by a certificate that the officer has custody. The certifi- cate must be made under seal: (i) by a judge of a court of record in the district or political subdivision where the record is kept; or (ii) by any public officer with a seal of office and with official duties in the district or political subdivi- sion where the record is kept. (2) Foreign Record. (A) In General. Each of the following evidences a foreign official record—or an entry in it—that is otherwise admis- sible: (i) an official publication of the record; or (ii) the record—or a copy—that is attested by an au- thorized person and is accompanied either by a final certification of genuineness or by a certification under a treaty or convention to which the United States and the country where the record is located are parties. (B) Final Certification of Genuineness. A final certification must certify the genuineness of the signature and official position of the attester or of any foreign official whose certificate of genuineness relates to the attestation or is in a chain of certificates of genuineness relating to the at- testation. A final certification may be made by a secretary of a United States embassy or legation; by a consul gen- eral, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign coun- try assigned or accredited to the United States. (C) Other Means of Proof. If all parties have had a reason- able opportunity to investigate a foreign record’s authen- ticity and accuracy, the court may, for good cause, either: (i) admit an attested copy without final certifi- cation; or (ii) permit the record to be evidenced by an attested summary with or without a final certification. (b) LACK OF A RECORD. A written statement that a diligent search of designated records revealed no record or entry of a speci- fied tenor is admissible as evidence that the records contain no such record or entry. For domestic records, the statement must be authenticated under Rule 44(a)(1). For foreign records, the state- ment must comply with (a)(2)(C)(ii). (c) OTHER PROOF. A party may prove an official record—or an entry or lack of an entry in it—by any other method authorized by law.
Advisory Committee Notes
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug.
1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 30, 2007, eff. Dec. 1, 2007.)