An oral examination is an examination in the 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.
§ 25-1243.Oral examination, defined.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section defines oral examination as testimony given directly in the presence of the jury or tribunal deciding the case, with the fact-finder hearing the testimony from the witness in person rather than through a transcript or recording.
Full Text of § 25-1243
Source
R.S.1867, Code § 369, p. 455; R.S.1913, § 7935; C.S.1922, § 8877; C.S.1929, § 20-1243; R.S.1943, § 25-1243.
Plain-English Summary
This section defines the third mode of testimony from section 25-1240. An oral examination is an examination in the presence of the jury or tribunal that is to decide the fact or act upon it, with the testimony heard by that jury or tribunal directly from the witness's own words.
What sets oral examination apart from an affidavit, a deposition, or a videotaped examination is immediacy: the fact-finder hears the witness testify in person, in real time, rather than reading a written declaration or reviewing a recording made beforehand. This is the mode most people picture as ordinary courtroom testimony.
Frequently Asked Questions
What makes testimony an "oral examination" under this section?
It must occur in the presence of the jury or tribunal deciding the fact or acting on it, with that jury or tribunal hearing the testimony directly from the witness.
How does oral examination differ from a deposition?
A deposition, under section 25-1242, is typically taken before trial, outside the fact-finder's presence. Oral examination happens directly before the jury or tribunal that will decide the matter.
Does "tribunal" in this section refer only to a jury?
No. The section refers to "the jury or tribunal which is to decide the fact or act upon it," covering fact-finders beyond a jury, such as a judge sitting without one.
Is oral examination the most common way witnesses testify at trial?
The section describes it as testimony heard directly from the witness by the body deciding the case, which reflects how testimony is typically presented live at trial.
Can a videotaped examination substitute for oral examination at trial?
Section 25-1240 lists videotape of an examination conducted before trial, for use at trial, as its own distinct mode alongside oral examination, subject to procedures provided by law.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: oral examination definition nebraskalive testimony before jurytestimony heard from the witnessin person witness examinationoral testimony versus deposition