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Rule 43. Taking Testimony

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
VI. Trials
Effective: January 1, 2022
16 A.R.S. Rules of Civil Procedure, Rule 43
Rule 43. Taking Testimony
(a) Definition of Witness. A “witness” is a person whose testimony under oath or affirmation is offered as evidence for any purpose, whether by oral examination, deposition, or affidavit.
(b) Affirmation Instead of Oath. When these rules require an oath, a solemn affirmation suffices.
(c) Interpreter. The court may appoint an interpreter of its choosing and may set the interpreter's reasonable compensation, to be paid from funds provided by law or by one or more parties. The compensation may be taxed as costs.
(d) Limits on Examining Witness. Unless allowed by the court, only one attorney for each party may examine a witness.
(e) In Open Court. At trial, witness testimony must take place in open court, unless a statute, these rules, or the Arizona Rules of Evidence provide otherwise. For good cause and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.
(f) Evidence on a Motion. If a motion relies on facts outside the record, the court may decide the matter on affidavits or on oral or deposition testimony.
(g) Preserving Recording of Court Proceedings.
(1) Transcripts and Other Recordings. The official verbatim recording of any court proceeding is an official record of the court. The original recording must be kept by the person who recorded it, a court-designated custodian, or the clerk in a place designated by the court. The recording must be retained according to the records retention and disposition schedules adopted by the Supreme Court, unless the court specifies a different retention period.
(2) Transcription. If a certified reporter's verbatim recording is to be transcribed, the certified reporter who made the recording must be given the first opportunity to make the transcription, unless that certified reporter no longer serves in that position or is unavailable for any other reason.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017. Amended on an emergency basis, effective Sept. 30, 2021, adopted on a permanent basis effective Jan. 1, 2022.
16 A. R. S. Rules Civ. Proc., Rule 43, AZ ST RCP Rule 43
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
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