CHAPTER III. MANNER OF PRODUCTION. MODE OF TAKING THE TESTIMONY OF WITNESSES. III. DEPOSITIONS. IV. MANNER OF TAKING DEPOSITIONS OUT OF THE STATE. V. MANNER OF TAKING DEPOSITIONS IN THE STATE. ARTICLE I. MODE OF TAKING THE TESTIMONY OF WITNESSES. SECTION 2002. Testimony, in what mode taken. 2003. Affidavit defined. 2004. A deposition defined. Oral examination defined. 2006. Deposition, how taken. § 2002. The testimony of witnesses is taken in three modes: 1. By affidavit. 2. By deposition. 3. By oral examination. N. Y. C. C. P. § 1809; Or. C. C. P. § 792. Ó 2003. An affidavit is a written declaration under oath, made without notice to the adverse party. N. Y. C. C. P. § 1810; Or. C. C. P. § 793. 2004. A deposition is a written declaration under oath, made upon notice to the adverse party for the purpose of en abling him to attend and cross-examine. N. Y. C. C. P. § 1811; Or. C. C. P. § 794. § 2005. 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. N. Y. C. C. P. § 1812; Or. C. C. P. $795. § 2006. Depositions must be taken in the form of question and answer, and the words of the witness must be written down, unless the parties agree to a different mode. N. Y. C. C. P. § 1813; Or. C. C. P. § 796. ARTICLE II. AFFIDAVITS, SECTION 2009. Affidavits and depositions, how taken. 2010. Evidence of publication, what. 2011. Where filed. 2012. Affidavits to be used in this state, before whom may be taken in this state. 2013. If made in another state of the United States, before whom taken. 2014. If made in a foreign country, before whom taken. 2015. Certificate of the clerk, if taken before a judge of a court out of this state. § 2009. An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice or other paper in an action or special proceeding, to obtain a provisional remedy, the examination of a witness, or a stay of proceedings, or upon a motion, and in any other case expressly permitted by some other provision of this code. N. Y. C. C. P. § 1815; See Or. C. C. P. $$ 798 799. 2010. Evidence of the publication of a document or notice required by law, or by an order of a court or judge, to be published in a newspaper, may be given by the affidavit of the printer of the newspaper, or his foreman or principal clerk, annexed to a copy of the document or notice, specifying the times when and the paper in which the publication was made. N. Y. C. C. P. § 1817; Or. C. C. P. $ 800. 37 Cal. 458. 911. If such affidavit be made in an action or special proceeding penaw in a court, it may be filed with the court or a clerk thereof. If not so mit may be filed with the clerk of the county where the newspaper 18 p In either case the original affidavit, or a copy thereof certified by the or clerk having it in custody, is primary evidence of the facts stated there N. Y. C. C. P. § 1818; Or. C. C. P. § 801. § 2012. (Ø 424.) An affidavit to be used before any court, judge or officer of this state, may be taken before any judge or clerk of any court, or any justice of the peace or notary public in this state. 15 Cal. 53. 2013. (§ 425.) An affidavit taken in another state of the United Stes, to be used in this state, must be taken before a commissioner apt inted by the governor of this state to take affidavits and depositionsch other state, or before any judge of a court of record having a sea.. 2014. (§ 426.) An affidavit taken a foreign country, to assador, min be used in this state, must be taken before an ister consul, or vice-consul of the United States, or before any judge of a court of record having a seal in such foreign count § 2015. (§ 427.) When an affidavit is taken before a judge of a court in another state, or in a foreign country, the genuineness of the signature of the judge, the existence of the court and the fact that such judge is a member thereof, must be certified by the clerk of the court, under the seal thereof. ARTICLE III. DEPOSITIONS. SECTION 2019. Deposition, when used. 2020. Testimony of a witness out of the state, when taken. 2021. In the state, when taken. Ó 2019. In all cases other than those mentioned in section two thousand and nine, where a written declaration under oath is used, it must be a deposition as prescribed by this code. N. Y. C. C. P. § 1819; Or. C. C. P. § 802. § 2020. (§ 432.) The testimony of a witness out of the state may be taken by deposition, in an action, at any time after the service of the summons or the appearance of the defendant; and, in a special proceeding, at any time after a question of fact has arisen therein. Or. C. C. P. § 803. ₫ 2021. (§ 428.) The testimony of a witness in this state may be taken by deposition, in an action, at any time after the service the summons or the appearance of the defendant; and in a special proceeding, after a question of fact has arisen therein, in the following cases: 1. When the winess is a party to the action or proceeding, or a person for whose mediate benefit the action or proceeding is prosecuted or defended. 2. When the witness resi out of the county in which his testimony is to be used. 3. When the witness is about to leave the county where the action is to be tried, and will probably continue absent when the testimony is required. 4. When the witness, otherwise liable to atd the trial, is nevertheless too infirm to attend. 5. When the testimony is required upon a motion, or in any other case where the oral examination of the witness is not required. See Or. C. C. P. § 804. |