Final answer:
The discovery process involving oral questioning of witnesses in person is called a deposition. It is an essential part of pre-trial proceedings, allowing for the collection of sworn testimony that can be used in court.
Step-by-step explanation:
The discovery procedure that allows a party's attorney to orally question the opposition's witnesses in a face-to-face setting is known as a deposition. This is a critical part of the pre-trial discovery process where lawyers can obtain sworn testimony from the opposing party or their witnesses, which can be used in court. It is a process conducted outside of court but is still under legal supervision with both parties’ attorneys present, and often, a court reporter records the entire session. The adversarial judicial system requires both sides to share evidence and information through processes like depositions, interrogatories, requests for production of documents, and requests for admissions.
Unlike interrogatories which are written questions, a deposition involves direct, oral questioning in real time. This allows attorneys to assess the witness's demeanor and gain insights that written answers might not reveal. The right to cross-examine witnesses is a fundamental aspect of legal proceedings, particularly criminal trials, as guaranteed by the Sixth Amendment. Depositions play an essential role in the discovery phase, but are also valuable as they can lead to admissions and statements that can be important during a trial.