Rule 43 - [Effective until 1/1/2025] Taking of testimony(a)Form. - In all trials the testimony of witnesses shall be taken in open court, unless otherwise provided by a statute or by these rules, the West Virginia Rules of Evidence, or other rules adopted by the Supreme Court of Appeals. (d)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. (e)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 deposition. (f)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. Amended effective 2/7/2013.