Nev. R. Civ. P. 43

As amended through April 26, 2024

Rule 43 - Taking Testimony

(a) In Open Court. At trial, the witnesses' testimony must be taken in open court unless provided otherwise by applicable law. 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.

(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.

Nev. R. Civ. P. 43

Last amended effective 1/1/2005; amended effective 3/1/2019.

Advisory Committee Note 2019 Amendment

The amendments generally conform Rule 43 to the federal rule. Rule 43(d) should work in harmony with NRS Chapters 1 and 50 and any other state law governing interpreters.

Drafter's Note

2004 Amendment

Subdivision (a) is amended to conform to the 1996 amendments to the federal rule by deleting the requirement that testimony be taken "orally" and adding the second sentence, which permits the "presentation of testimony in open court by contemporaneous transmission from a different location" upon a showing of "good cause" in "compelling circumstances." Subdivisions (b) and (c), which were deleted from the federal rule in 1972 because the matters were treated in the Federal Rules of Evidence, are retained in the Nevada rule. The amendment to subdivision (d) is technical.