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.
§ 2005.“Oral examination’’ defined
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 2005 defines an oral examination as testimony given in the presence of the jury or other tribunal deciding the case, heard directly from the witness rather than read from a transcript or written statement.
Full Text of § 2005
Plain-English Summary
Oral examination is the mode of testimony most people picture when they think of a trial: a witness answering questions live, with the jury or judge deciding the case watching and listening as the answers come. The section's definition is brief because the concept is intuitive, but it draws a clear line against the two written alternatives in this article. The factfinder hears the testimony from the witness's own lips, not through a document prepared in advance.
That immediacy is the point. A jury or judge can weigh not just the words but how a witness delivers them, which is not available from an affidavit or a deposition transcript. That is why oral examination remains the default mode for presenting testimony at trial, with affidavits and depositions reserved for the situations this article and the Civil Discovery Act specifically allow.
Frequently Asked Questions
What is an oral examination under Section 2005?
Testimony given in the presence of the jury or tribunal deciding the case, heard directly from the witness rather than read from a document.
Why does the law favor oral examination for trial testimony?
It lets the factfinder observe the witness directly while giving the testimony, something a written affidavit or deposition transcript cannot supply.
Does oral examination apply only to jury trials?
No. The definition covers testimony heard by whatever jury or tribunal is deciding the case, including a judge in a bench trial.
Are affidavits and depositions ever used instead of oral examination at trial?
Yes, in the specific situations this article and the Civil Discovery Act allow, but oral examination remains the default mode for presenting live testimony.
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: ccp 2005 oral examinationlive witness testimony california definitiontestimony in presence of jury