Methods of taking testimony.
The testimony of witnesses may be taken:(A) By affidavit;(B) By deposition;(C) By oral examination.
Ohio · statute · Ohio Rev. Code ch. 2319 · 8 active provisions
The testimony of witnesses may be taken:(A) By affidavit;(B) By deposition;(C) By oral examination.
An affidavit is a written declaration under oath, made without notice to the adverse party. A deposition is a written declaration under oath, made upon notice to the adverse party. Oral testimony is that delivered from the lips of the witness.
An affidavit may be used to verify a pleading, to prove the service of the summons, notice, or other process in an action; or to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law.
An affidavit may be made in or out of this state before any person authorized to take depositions, and unless it is a verification of a pleading it must be authenticated in the same way as a deposition.Such affidavit may be made before any person authorized to administer oaths whether an attorney in the case or not.
Depositions may be taken when the testimony is required in an action, cause, or matter pending before any court or authority outside this state.
(A) This section may be cited as the "Uniform Interstate Depositions and Discovery Act."(B) As used in this section:(1) "Foreign jurisdiction" means a state other than Ohio.(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.(3) "Person" means an individual, cor…
Depositions taken in and to be used in this state must be taken by an officer or person whose authority is derived within the state; but, if for use elsewhere, they may be taken before a commissioner or officer who derives his authority from the state, district, or territory in which they are to be used.
Except as section 147.08 of the Revised Code governs the fees chargeable by a notary public for services rendered in connection with depositions, the fees and expenses chargeable for the taking and certifying of a deposition by a person who is authorized to do so in this state, including, but not limited to, a reporter…