Rule 43. Evidence.
(a) Form.In all trials, the testimony of witnesses shall be taken in open court, unlessotherwise provided by these rules, the Utah Rules of Evidence, or a statute ofthis state. For good cause and withappropriate safeguards, the court may permit testimony in open court bycontemporaneous transmission from a different location.
(b)Evidence on motions. When a motion is based on facts not in the record, thecourt may hear the matter on affidavits, declarations, oral testimony or depositions.
Federal Rule ofCivil Procedure 43 has permitted testimony by contemporaneous transmissionsince 1996. State court judges have been conducting telephone conferences formany decades. These range from simple scheduling conferences to resolution ofdiscovery disputes to status conferences to pretrial conferences. Theseconferences tend not to involve testimony, although judges sometimes permittestimony by telephone or more recently by video conference with the consent ofthe parties. The 2016 amendments are part of a coordinated effort by theSupreme Court and the Judicial Council to authorize a convenient practice thatis more frequently needed in an increasingly connected society and to bring alevel of quality to that practice suitable for a court record. As technologyevolves the methods of contemporaneous transmission will change.
EffectiveNovember 1, 2016