Rule 40 - Taking Testimony(A)In open court Except as provided in division (B) of this rule, at trial or hearing, the witnesses' testimony shall be taken in open court. (B)Remote testimony(1) With the agreement of the parties or for good cause shown, the court may permit the remote presence and participation of a witness, including that of a defendant, for any proceeding if all of the following apply:(a) The court gives appropriate notice to all parties;(b) The court finds that the remote appearance of the witness is based on important state interests, public policies, or necessities of the case;(c) The witness is administered the oath or affirmation using live two-way video and audio conference technology that allows the person authorized to administer the oath to verify the identity of the witness at the time the oath is administered;(d) The witness is subject to full cross-examination;(e) The video arrangements allow the witness to speak, and to be seen and heard by the court, all parties, and the jury if applicable.(2) Every witness testifying remotely, including those outside this state, in a trial or other proceeding in open court in Ohio shall affirm on the record that the witness has submitted to the jurisdiction of the Ohio court for the purpose of enforcement of his or her oath or affirmation, including any consideration of perjury charges arising from such testimony.Adopted effective 7/1/2023Staff Note (July 1, 2023 Amendment)
The addition of division (B)(2) to this rule was promulgated to ensure that Ohio has jurisdiction over those who are testifying remotely during a criminal trial.