Rule 41 - Taking Testimony(A)Physical presence of witness At a trial or hearing, a testifying witness shall be physically present unless a statute, the Rules of Evidence, these rules, or other rules adopted by the Supreme Court provide otherwise. (B)Remote testimony(1) General With the agreement of the parties or for good cause shown, the court may permit the remote presence and participation of a witness, including a party, 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 twoway 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) 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.
(3) Oath or affirmation 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.
Effective:7/1/2015; amended effective 7/1/2023.