§ RULE 43. TAKING OF TESTIMONY; CONFERENCES DURING TRIAL

Codes > Delaware Superior Court Rules of Civil Procedure > VI. Trials > RULE 43.

RULE 43. TAKING OF TESTIMONY; CONFERENCES DURING TRIAL

(a) Form. In every trial, the testimony of witnesses shall be taken in open court, unless otherwise provided by statute, by the Delaware Uniform Rules of Evidence, by these Rules, or by order for cause. The Court may, for good cause shown in compelling circumstances and upon appropriate safeguards, permit presentation of testimony in open court by contemporaneous transmission from a different location.

(b) Conferences During Trial. All sidebar conferences and chambers conferences during trial shall be recorded unless the trial judge determines, in advance, that neither evidentiary nor substantive issues are involved.

(c) 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.

(d) Evidence on Motions. When a motion is based on facts not appearing of record the Court may hear the matter on affidavits presented by the respective parties, but the Court may direct that the matter be heard wholly or partly on oral testimony or deposition.

(e) Interpreters. The Court may appoint an interpreter of its own selection and may fix reasonable compensation. The compensation shall 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 ultimately as costs, in the discretion of the Court.