Oregon Revised Statutes
The testimony of a witness is taken by six modes: Affidavit. Deposition. Oral examination. Remote location examination under ORS 45.400. Examination before a grand jury by means of simultaneous television transmission under ORS 132.320. Declaration under penalty of perjury, as described in ORCP 1 E, or unsworn declaration under ORS 194.800 to 194.835, …
An affidavit is a written declaration under oath, made without notice to the adverse party.
An oral examination is an examination in the 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 mouth of the witness.
AFFIDAVITS AND DECLARATIONS IN SUPPORT OF PROVISIONAL REMEDIES
Whenever a provisional remedy has been allowed upon affidavit, a declaration under penalty of perjury as described in ORCP 1 E or an unsworn declaration under ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of the United States, the party against whom it is allowed may serve upon the party by whom it was obtained a notice, requi…
As used in ORS 45.135, 45.138 and 45.142, “deposition” means the taking of testimony for discovery, the taking of testimony for perpetuation of the testimony and the taking of testimony in arbitration proceedings.
A deposition in a civil action may not be stenographically reported by: A party in the action; A person with a financial interest in the outcome of the action; An attorney for a party in the action; An attorney for a person with a financial interest in the outcome of the action; An employee of a party in the action; An employee of an attorney for a par…
A person recording or reporting a deposition is personally responsible for the accurate and complete recording or reporting of the deposition. No person who employs or otherwise engages a person to record or report a deposition may modify or attempt to modify the record or report of the deposition, except to the extent allowed for the correction of errors in…
Before recording or reporting a deposition, the person recording or reporting the deposition must disclose if the person has a contract to provide reporting services for depositions on a full-time or part-time basis for any of the following persons: A party in the action; A person with a financial interest in the outcome of the action; An attorney for a p…
(Use of Deposition)
At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any of the following provisions of this subsection: Any …
If only part of a deposition is offered in evidence by a party, an adverse party may require the party to introduce all of it which is relevant to the part introduced and any party may introduce any other parts, so far as admissible under the rules of evidence. When any portion of a deposition is excluded from a case, so much of the adverse examination as re…
Substitution of parties shall not affect the right to use the depositions previously taken; and when an action, suit or proceeding has been dismissed and another action, suit or proceeding involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, any deposition lawfully taken and duly …
As used in ORS 45.272 to 45.297: “Adjudicatory proceeding” means: Any contested case hearing conducted under ORS chapter 183; or Any hearing conducted by an agency in which the individual legal rights, duties or privileges of specific parties are determined if that determination is subject to judicial review by a circuit court or by the Court of Appeals. …
It is declared to be the policy of this state to secure the constitutional rights and other rights of persons who are unable to readily understand or communicate in the English language because of a non-English-speaking cultural background or a disability, and who as a result cannot be fully protected in administrative and court proceedings unless qualified …
The court shall appoint a qualified interpreter in a civil or criminal proceeding, and a hearing officer or the designee of a hearing officer shall appoint a qualified interpreter in an adjudicatory proceeding, whenever it is necessary: To interpret the proceedings to a non-English-speaking party; To interpret the testimony of a non-English-speaking party …
For the purposes of this section: “Assistive communication device” means any equipment designed to facilitate communication by a person with a disability. “Hearing officer” includes an administrative law judge. “Person with a disability” means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or c…
For the purposes of this section: “Hearing officer” includes an administrative law judge. “Non-English-speaking person” has the meaning given that term in ORS 45.275. “Person with a disability” has the meaning given that term in ORS 45.285. “Qualified interpreter” means a person who meets the requirements of ORS 45.285 for an interpreter for a person wit…
Subject to the availability of funding, the State Court Administrator shall establish a program for the certification of court interpreters. The program shall be established by rules adopted pursuant to ORS 1.002 and shall include, but not be limited to, provisions for: Prescribing the form and content of applications for certification; Prescribing and col…
Except as provided in this section, a person may not assume or use the title or designation “certified court interpreter” or “court certified interpreter,” or any other title, designation, words, letters, abbreviation, sign or device tending to indicate that the person is certified for the purposes of providing interpreter services under ORS 45.272 to 45.297…
The Court Interpreter and Shorthand Reporter Certification Account is established as an account in the General Fund of the State Treasury. All moneys received by the State Court Administrator from fees imposed under ORS 8.445 and 45.291 shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously …
The State Court Administrator may enter into service contracts and may establish uniform policies and procedures, subject to the approval of the Chief Justice of the Supreme Court, governing the appointment, provision and payment of interpreters in proceedings before the circuit courts of the state, including the provision of interpreter services utilizing t…
REMOTE LOCATION TESTIMONY
A party to any civil proceeding or any proceeding under ORS chapter 419B may move that the party or any witness for the moving party may give remote location testimony. A party filing a motion under this section must give written notice to all other parties to the proceeding sufficiently in advance of the trial or hearing at which the remote location testim…
PENALTIES
Violation of ORS 45.135 or 45.138 is a Class B violation.
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