Rule 43 Taking Testimony

(a) In Open Court. At trial, the witnesses' testimony must be taken orally in open court unless a statute of the Virgin Islands, the Virgin Islands Rules of Evidence, these rules, or other rules adopted by the Supreme Court provide otherwise. 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. In all proceedings the admission of evidence and the competency and privileges of witnesses and parties shall be governed by the statutes of Virgin Islands and these Rules of Evidence.

(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. Unless otherwise agreed by the parties, the court may appoint a certified or otherwise qualified interpreter who is not related to or affiliated with any party in the action and shall, subject to 4 V.I.C. § 323, fix reasonable compensation to be paid from funds provided by law or — unless otherwise provided by governing law — by one or more parties. The parties involved in litigation in which there will be a need for an interpreter are responsible for securing and submitting the name(s) of qualified interpreters for approval by the court at least 6 days before the interpreter’s services are required. In the exercise of discretion the judicial officer may require prepayment of the estimated expenses of providing such services. The interpretation provided pursuant to this rule shall be in the simultaneous mode unless otherwise directed by the presiding judicial officer.