Taking Witness Testimony

Part 4, Title 3, Chapter 3, Article 1 of the Code of Civil Procedure deals with the modes of taking the testimony of witnesses in California for the production of evidence.

Section 2002 provides that the testimony of witnesses is taken in one of three specified modes: affidavit; deposition; or by oral examination.

Section 2003 states that an affidavit is a written declaration under oath, made without notice to the adverse party.

Section 2004 says that a deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine.

Section 2005 specifies that an oral examination is an examination in presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness.