The testimony of witnesses is taken in three modes: First. By affidavits. Second. By deposition. Third. By oral examination.
§ 421.Modes of Taking Testimony
Chapter 10: Evidence · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 421 sets out the three modes Oklahoma law recognizes for taking a witness's testimony in a civil action -- by affidavit, by deposition, or by oral examination -- without prescribing when a party must use any particular one.
Full Text of § 421
Amendment History
R.L. 1910, § 5067.
Plain-English Summary
This section is a short menu, not a rule. Oklahoma recognizes three modes for taking testimony: affidavit, deposition, and oral examination. The sections that follow in Chapter 10 define each mode and explain when a party may use it in place of live testimony.
Frequently Asked Questions
What are the three modes of taking testimony under Oklahoma law?
Affidavit, deposition, and oral examination.
Does this section explain when to use each mode?
No, it just lists the three modes; later sections in Chapter 10 spell out how each one works and when a party may rely on it.
Is oral examination the only way to present witness testimony at trial?
No. Oklahoma law also allows testimony by affidavit or by deposition, depending on the circumstances the later sections describe.
Where does Oklahoma law define what an affidavit is?
Section 422 defines an affidavit as a written declaration made under oath, without notice to the other side.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma modes of taking testimonyaffidavit deposition oral examination oklahoma12 O.S. § 421ways to present witness testimony oklahoma