Oregon Revised Statutes

Chapter 44 — Witnesses

57 sections

44.010 [Repealed by 1981 c.892 §98]

44.020 [Repealed by 1981 c.892 §98]

44.030 [Repealed by 1981 c.892 §98]

44.040 [Amended by 1957 c.44 §1; 1963 c.396 §16; 1971 c.512 §4; 1973 c.136 §6; 1973 c.777 §19a; 1973 c.794 §13; 1975 c.694 §1; 1975 c.726 §1; 1977 c.656 §1; 1977 c.677 §12a; 1979 c.284 §79; 1979 c.731 §2; 1979 c.744 §1a; 1979 c.769 §12b; repealed by 1981 c.892 §98]

44.050 [Repealed by 1981 c.892 §98]

44.060 [Repealed by 1981 c.892 §98]

44.070 [Repealed by 1981 c.892 §98]

GENERAL PROVISIONS

44.080 Protection of witness from improper questions and excessive detention

It is the right of a witness to be protected from irrelevant, insulting or improper questions, and from harsh or insulting demeanor. The witness is to be detained only so long as the interests of justice require.

44.090 Protection of witness from arrest

Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other officer, is exonerated from arrest, in a civil case, while going to the place of attendance, necessarily remaining there and returning. The arrest of a witness contrary to this section is void, and when willfully made …

44.095 [1973 c.386 §1; repealed by 1981 c.892 §98]

44.110 [Repealed by 1979 c.284 §199]

44.120 [Amended by 1969 c.383 §1; repealed by 1979 c.284 §199]

44.130 [Amended by 1969 c.383 §2; repealed by 1979 c.284 §199]

44.140 [Amended by 1977 c.789 §2; repealed by 1979 c.284 §199]

44.150 Service of subpoena if witness concealed

A sheriff, deputy or some person specially appointed by the sheriff, but none other, is authorized and required to break into any building or vessel in which a witness may be concealed to prevent the service of a subpoena, and serve it on the witness.

44.160 [Repealed by 1979 c.284 §199]

44.170 [Repealed by 1961 c.413 §1 (44.171 enacted in lieu of 44.170)]

44.171 [1961 c.413 §2 (enacted in lieu of 44.170); repealed by 1979 c.284 §199]

44.180 [Repealed by 1979 c.284 §199]

44.190 [Repealed by 1979 c.284 §199]

44.200 [Repealed by 1979 c.284 §199]

44.210 [Repealed by 1979 c.284 §199]

44.220 [Repealed by 1979 c.284 §199]

44.230 [Amended by 1973 c.836 §326; repealed by 1979 c.284 §199]

44.240 Production of witness confined in Department of Corrections institution

Whenever a court or judge makes an order for the temporary removal and production of a witness who is confined in a Department of Corrections institution within this state before a court or officer for the purpose of being orally examined this section applies. The superintendent of the institution shall, at the institution, deliver the witness to the sheriff…

44.310 [Repealed by 1981 c.892 §98]

44.320 Authority to take testimony and administer oath or affirmation

Every court, judge, clerk of a court, justice of the peace, certified shorthand reporter as defined in ORS 8.415 or notary public is authorized to take testimony in any action or proceeding, as are other persons in particular cases authorized by statute or the Oregon Rules of Civil Procedure and is authorized to administer oaths and affirmations generally, a…

44.330 [Repealed by 1981 c.892 §98]

44.340 [Repealed by 1981 c.892 §98]

44.350 [Repealed by 1981 c.892 §98]

44.360 [Repealed by 1981 c.892 §98]

44.370 Witness presumed to speak truth; jury judges of credibility

A witness is presumed to speak the truth. This presumption, however, may be overcome by the manner in which the witness testifies, by the character of the testimony of the witness, or by evidence affecting the character or motives of the witness, or by contradictory evidence. Where the trial is by the jury, they are the exclusive judges of the credibility of…

44.410 [Amended by 1959 c.158 §1; repealed by 1989 c.980 §24]

FEES

44.415 Fees and mileage of witnesses

Except as provided in subsection (2) of this section, a person is entitled to receive $30 for each day’s attendance as a witness and mileage reimbursement at the rate of 25 cents a mile if the person is required to travel from a place within or outside this state in order to perform duties as a witness. Total mileage reimbursement shall not exceed the necess…

44.420 [Repealed by 1959 c.158 §2]

44.430 [Repealed by 1989 c.980 §24]

44.440 [Amended by 1963 c.519 §24; 1977 c.408 §1; repealed by 1981 s.s. c.3 §141]

44.450 [Amended by 1977 c.593 §1; repealed by 1981 s.s. c.3 §141]

MEDIA PERSONS AS WITNESSES

44.510 Definitions for ORS 44.510 to 44.540

As used in ORS 44.510 to 44.540, unless the context requires otherwise: “Information” has its ordinary meaning and includes, but is not limited to, any written, oral, pictorial or electronically recorded news or other data. “Medium of communication” has its ordinary meaning and includes, but is not limited to, any newspaper, magazine or other periodical, b…

44.520 Limitation on compellable testimony from media persons; search of media persons’ papers, effects or work premises prohibited; exception

No person connected with, employed by or engaged in any medium of communication to the public shall be required by a legislative, executive or judicial officer or body, or any other authority having power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise: The source of any published or unpublished information obtained …

44.530 Application of ORS 44.520

ORS 44.520 applies regardless of whether a person has disclosed elsewhere any of the information or source thereof, or any of the related information. ORS 44.520 continues to apply in relation to any of the information, or source thereof, or any related information, even in the event of subsequent termination of a person’s connection with, employment by or …

44.540 Effect of informant as witness

If the informant offers the informant as a witness, it is deemed a consent to the examination also of a person described in ORS 44.520 on the same subject. CHILDREN OR PERSONS WITH DEVELOPMENTAL DISABILITIES AS WITNESSES

44.545 Expediting proceedings

Except as otherwise provided in subsection (2) of this section or except for good cause shown by either party, in any case where a child or a member of the family of the child is a victim of a crime and where a child under 18 years of age is called to give testimony, the court, consistent with the rules of civil or criminal procedure, shall expedite the acti…

44.547 Notice to court; accommodations

In any case in which a child under 12 years of age or a person with a developmental disability described in subsection (2) of this section is called to give testimony, the attorney or party who plans to call the witness must notify the court at least seven days before the trial or proceeding of any special accommodations needed by the witness. Upon receiving…

44.550 Definitions for ORS 44.550 to 44.566

As used in ORS 44.550 to 44.566: “Civil case” means any proceeding other than a criminal prosecution. “Law enforcement unit” means: The police department of a city; The sheriff’s department or other police organization of a county; or A police department established by a university under ORS 352.121 or 353.125. “Police officer” means an officer or memb…

44.552 Method of subpoenaing law enforcement personnel; subpoena to reflect whether expert opinion to be asked

Whenever a police officer or an employee of the Department of State Police is called as an expert witness in a civil case by a party by whom the officer or employee is not employed, a subpoena requiring attendance may be served by delivering a copy either to the officer or employee personally or to the officer’s or employee’s immediate superior. A person ca…

44.554 Payment of law enforcement personnel subpoenaed as expert witness; obligation of party to reimburse law enforcement agency; method of payment

A police officer or an employee of the Department of State Police who is obliged by a subpoena issued pursuant to ORS 44.552 (2) to attend as an expert witness shall receive from the law enforcement unit by which the officer is employed or the Department of State Police, respectively: The salary or other compensation to which the officer or employee is norm…

44.556 Prepayment of expenses in certain cases required

A police officer or an employee of the Department of State Police who is called as an expert witness in a civil case may demand the payment specified in ORS 44.554 (2) for one day, in advance, and when so demanded may not be compelled to attend until the payment is tendered. Note: See note under 44.550.

44.558 Payment for additional attendance beyond first day required in advance

A police officer or an employee of the Department of State Police may not be ordered to return by the court or tribunal for subsequent proceedings beyond the day stated in the subpoena requiring the officer or employee to give the officer’s or employee’s expert opinion referred to in ORS 44.552 (2) or the day upon which the officer or employee appeared under…

44.560 Application to subpoenas for depositions

ORS 44.552, 44.554 and 44.558 apply to subpoenas issued for the taking of depositions of police officers and employees of the Department of State Police. Note: See note under 44.550.

44.562 Party and law enforcement personnel may agree to modify time of appearance

A police officer or an employee of the Department of State Police who has been subpoenaed under ORS 44.552 and 44.560 for the purpose of giving the officer’s or employee’s expert opinion, in lieu of attendance at the time specified in the subpoena, may agree with the party at whose request the subpoena was issued to appear at another time or pursuant to such…

44.564 Right of action to recover payment due

Whenever a police officer or an employee of the Department of State Police appears as an expert witness under ORS 44.550 to 44.566 and reimbursement is not made as provided for in ORS 44.550 to 44.566, the law enforcement unit by which the officer is employed or the Department of State Police, respectively, has standing to bring an action in order to recover…