What Is An Examination Under Oath?

Court reporters cover many different types of proceedings

. While most of them are parts of legal cases, there are other types of testimony where the parties involved need a clear, certified record of what was said. One of these is called an examination under oath. This is a question and answer session usually between an attorney and a witness for an incident or issue that is not part of an official court case.

The Basics

An examination under oath, frequently referred to as an EUO, often involves an insurance claim for missing or damaged property. The insurance agency may have questions revolving around the incident. Its attorney will hire a court reporter to put the witness under oath as if he were in a court of law, then take down verbatim all of the questions and answers. While it is often just a formality as part of a claim, this is an important part of the information-gathering process for an insurance company.

Court Reporters

Most court reporters are notaries public. This means that they can place a person under oath. It also means that they can notarize and certify certain documents under their official capacity. These trained professionals work independently of any law firm or insurance agency and are not actually involved in the case. They simply make an official record of the EUO. Using a special machine that records stenotype, court reporters take down the spoken words, later transcribe them into English and provide a written transcript if requested.

Requirements

One of the most common questions of people requested to take an EUO for their insurance claim is whether they are required to do so. No, technically they are not. However, if they refuse to attend, their insurance claim will be denied on the grounds that they did not cooperate with the claims investigator. The insurance company may even consider initiating a police report or seeking legal action if they feel the person's behavior is suspicious enough. Most insurance policies have a clause that states the policyholder must cooperate with any claim investigation. Refusing an EUO, failing to bring requested documentation or not answering any questions posed during the proceeding can all be considered failure to cooperate.

Testimony

Any testimony given under oath in an EUO carries the same legal weight as if the witness took the oath in a courtroom. This means they are sworn to tell the truth. By lying or deliberately omitting information, they could be charged with perjury if it is discovered. The most frequent types of questioning in an EUO revolve around the person's background, activities and financial status before, during and after the incident in question. The person may bring along their own lawyer for advice or support, but that attorney cannot ask questions during the proceedings.

by: Christine Harrell

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