(a) In Open Court. At trial, the witnesses’ testimony must be taken in open court unless a Montana statute, the Montana Rules of Evidence, these rules, or other rules adopted by the supreme court provide otherwise. For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.
Rule 43.Taking Testimony
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 43 governs how testimony is taken at trial — ordinarily live in open court (with limited remote testimony for good cause), allows solemn affirmation instead of an oath, and addresses evidence on motions and court interpreters.
Full Text of Rule 43
(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 provided by law or by one or more parties; and tax the compensation as costs.
Plain-English Summary
Rule 43 sets the basic ground rules for trial testimony. Witnesses normally testify live in open court, though for good cause in compelling circumstances and with appropriate safeguards, the court may allow contemporaneous remote testimony from another location. A witness who objects to swearing an oath may instead give a solemn affirmation. The rule also lets a court decide a fact-dependent motion on affidavits or live testimony, and permits the court to appoint and compensate an interpreter.
Frequently Asked Questions
Does a witness have to testify in person?
Ordinarily yes — live in open court. But for good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony by contemporaneous transmission from a different location.
Can a witness affirm instead of swearing an oath?
Yes. Whenever the rules require an oath, a solemn affirmation suffices.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as: taking testimonyremote testimonyaffirmationinterpreter