Rule 43. Taking Testimony

(A) In open court At trial or hearing, the witnesses' testimony shall be taken in open court unless a statute, the Rules of Evidence, these rules, or other rules adopted by the Supreme Court provide otherwise. For good cause and with appropriate safeguards, the court may permit testimony in open court by remote presence.

(B) Notice A request to present testimony remotely shall be discussed among counsel and unrepresented parties and filed with the court no later than the deadline set in the case scheduling order or thirty days before the trial or hearing, unless for good cause the court permits later notice.

(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) Oath or Affirmation

(1) The oath or affirmation of the witness may be administered in a manner that allows the person authorized to administer it to verify the identity of the witness at the time it is administered.

(2) Every witness testifying remotely, including those outside this state, in a trial or other proceeding in open court in Ohio must 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.