Rule text
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.
Notes
Committee Note - 1974
This is the same as Rule 43(e) of the Federal Rules of Civil Procedure. It is broader than prior Rule 55.31(b) as it allows the use of oral testimony and depositions as well as affidavits.
(Adopted January 19, 1973, effective September 1, 1973.)