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Rule 43. Evidence.

(a) Form. In all trials and evidentiary hearings, thetestimony of a witness must be taken in open court, unless otherwise providedby these rules, the Utah Rules of Evidence, or a statute of this state. Incivil proceedings, the court may, upon request or on its own order, and forgood cause and with appropriate safeguards, permit remote testimony in opencourt. Remote testimony will be presented via videoconference if reasonably feasible,or if not, via telephone or assistive device.

(b) Remote testimony safeguards. No hearing may proceed unless the courtensures that all necessary remote testimony safeguards are provided, by thecourt or by the parties. An objection to a lack of safeguards is waived unlesstimely made. Remote testimony safeguardsmust include:

(1)a notice of (i) the date, time, and method of transmission; (ii) instructionsfor participation, and (iii) contact information for technical assistance;

(2)a verbatim record of the testimony;

(3) uponrequest to the court, access to the technology and resources to participate,including an interpreter, telephone, or assistive device;

(4)a court-provided or party-provided means for a party and the party?s counsel tocommunicate confidentially;

(5)a court-provided or party-provided means for the party and the party?s counselto share documents, photos, and other electronic materials among the remoteparticipants; and

(6)any other measures the court deems necessary to maintain the integrity of theproceedings.

(c) Remotehearing oath. An oath in substantially the following form must be givenprior to any remote hearing testimony: ??You do solemnly swear (or affirm) that theevidence you shall give in this issue (or matter) pending between ____ and ____shall be the truth, the whole truth and nothing but the truth, and that youwill neither communicate with, nor receive any communications from, anotherperson during your testimony unless authorized by the court, so help you God(or, under the pains and penalties of perjury).?

(d) Evidence on motions. When a motion is based on facts notin the record, the court may hear the matter on affidavits, declarations, oraltestimony, or depositions.

 

Effective May 1,2021