§ RULE 43. EVIDENCE

Codes > Rules of Civil Procedure for the Nevada District Courts > VI. Trials > RULE 43.

RULE 43. EVIDENCE

(a) Form. In every trial, the testimony of witnesses shall be taken in open court, unless otherwise provided by these rules or by statute. 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.

As amended, eff. Feb. 11, 1986; Jan. 2, 2005.

ADVISORY COMMITTEE'S NOTE

The federal rule is revised to permit testimony other than in open court when so provided by statute, and to eliminate reference to conflicting rules of evidence.

(b) 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.

(c) 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 depositions.

(d) Interpreters. The court may appoint an interpreter of its own selection and may fix the interpreter's 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.

ADVISORY COMMITTEE'S NOTE

Added in 1971 in accordance with the federal amendment, effective July 1, 1966.