Rule 43.02. Evidence at Motion Hearings

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 depositions. [As amended by order entered January 25, 1991, effective July 1, 1991.]

Click here for Advisory Commission Comments to Rules 43.01-43.04.

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