§ 2002.Modes in which testimony may be taken

Title 3. Of the Production of Evidence · Chapter 3. Manner of Production · Article 1. Mode of Taking the Testimony of Witnesses · Enacted 1872 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 2002 opens this chapter by naming the three modes in which witness testimony may be taken under California law: by affidavit, by deposition, and by oral examination.

Full Text of § 2002

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The testimony of witnesses is taken in three modes:

1. By affidavit;

2. By deposition;

3. By oral examination.

Plain-English Summary

Before the code spells out the details of affidavits, depositions, and live testimony, it first names the three categories testimony can fall into. Every way a witness's account reaches a court traces back to one of these three modes, and the sections that follow this one define each in turn.

The order matters less than the menu itself. Oral examination, testimony given from the witness's own lips in the presence of the jury or tribunal deciding the case, is the mode courts favor at trial. Affidavit and deposition serve as the two written alternatives, each suited to situations where live testimony is not required or not practical, and each defined by whether the opposing party gets notice and a chance to cross-examine.

Frequently Asked Questions

What are the three modes of taking testimony under Section 2002?

Affidavit, deposition, and oral examination.

Which mode does the law favor for testimony given at trial?

Oral examination, since it lets the jury or tribunal deciding the case hear the testimony directly from the witness.

Is an affidavit the same thing as a deposition?

No. Section 2003 defines an affidavit as taken without notice to the adverse party, while Section 2004 defines a deposition as taken upon notice, so the other side can attend and cross-examine.

Where are the detailed rules for taking a deposition found?

The mechanics of modern deposition practice, notices, questioning, transcripts, and objections, are set out in the Civil Discovery Act elsewhere in this Part, building on the basic definition this article supplies.

Amendment History

(Enacted in 1872.)

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: three modes of taking testimony californiaaffidavit deposition oral examination distinction