Under standard rules of evidence, evidence given in open court by a witness who is unable to speak, whether through writing or signs, is deemed to be oral evidence.

The notes state that a deaf and mute witness may communicate by signs, gestures, or writing and that the answers are admissible as oral evidence when given in open court. The communication method is adapted, but the testimony remains part of the court proceeding. **Key takeaway:** Alternative communication can satisfy the evidence process. **Glossary:** Oral evidence: testimony presented to the court by a witness, including the described intelligible communication.