Chapter 44 — Chapter 44

ORS 44.010 [Repealed by 1981 c.892 §98]

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ORS 44.020 [Repealed by 1981 c.892 §98]

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ORS 44.030 [Repealed by 1981 c.892 §98]

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ORS 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§1; 1975 c.726 §1; 1977 c.656 §1; 1977 c.677 §12a; 1979 c.284 §79; 1979 c.731 §2; 1979 c.744 §1a; 1979 c.769 §12b; repealed by 1981 c.892 §98]

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ORS 44.050 [Repealed by 1981 c.892 §98]

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ORS 44.060 [Repealed by 1981 c.892 §98]

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ORS 44.070 [Repealed by 1981 c.892 §98]

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ORS 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

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ORS 44.090 Protection of witness from arrest. (1) 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 is a contempt of the court; and the officer making the arrest is responsible to the witness for double the amount of the damages which may be assessed against the officer, and is also liable in an action by the party serving the witness with the subpoena, for the damages sustained by that party in consequence of the arrest

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ORS 44.095 [1973 c.386 §1; repealed by 1981 c.892 §98]

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ORS 44.110 [Repealed by 1979 c.284 §199]

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ORS 44.120 [Amended by 1969 c.383 §1; repealed by 1979 c.284 §199]

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ORS 44.130 [Amended by 1969 c.383 §2; repealed by 1979 c.284 §199]

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ORS 44.140 [Amended by 1977 c.789 §2; repealed by 1979 c.284 §199]

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ORS 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

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ORS 44.160 [Repealed by 1979 c.284 §199]

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ORS 44.170 [Repealed by 1961 c.413 §1 (44.171 enacted in lieu of 44.170)]

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ORS 44.171 [1961 c.413 §2 (enacted in lieu of 44.170); repealed by 1979 c.284 §199]

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ORS 44.180 [Repealed by 1979 c.284 §199]

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ORS 44.190 [Repealed by 1979 c.284 §199]

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ORS 44.200 [Repealed by 1979 c.284 §199]

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ORS 44.210 [Repealed by 1979 c.284 §199]

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ORS 44.220 [Repealed by 1979 c.284 §199]

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

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ORS 44.240 Production of witness confined in Department of Corrections institution. (1) 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 of the county in which the court or judge making the order is located

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ORS 44.310 [Repealed by 1981 c.892 §98]

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ORS 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, and every such other person in the particular case authorized. [Amended by 1979 c.284 §81; 1989 c.1055 §13; 1997 c.249 §21]

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ORS 44.330 [Repealed by 1981 c.892 §98]

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ORS 44.340 [Repealed by 1981 c.892 §98]

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ORS 44.350 [Repealed by 1981 c.892 §98]

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ORS 44.360 [Repealed by 1981 c.892 §98]

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ORS 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 the witness

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

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ORS 44.415 Fees and mileage of witnesses. (1) 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 necessary cost of transportation on reasonably available common carriers

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ORS 44.420 [Repealed by 1959 c.158 §2]

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ORS 44.430 [Repealed by 1989 c.980 §24]

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

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

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ORS 44.510 Definitions for ORS 44.510 to 44.540. As used in ORS 44.510 to 44.540, unless the context requires otherwise

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ORS 44.520 Limitation on compellable testimony from media persons; search of media persons’ papers, effects or work premises prohibited; exception. (1) 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

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ORS 44.530 Application of ORS 44.520. (1) 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

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ORS 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. [1973 c.22 §6]

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ORS 44.545 Expediting proceedings. (1) 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 action and insure that it takes precedence over any other. When determining whether or not to grant a continuance, the judge shall take into consideration the age of the child and the potential adverse impact the delay may have on the well-being of the child. The court shall make written findings of fact and conclusions of law when granting a continuance

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ORS 44.547 Notice to court; accommodations. (1) 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 the notice, the court shall order such accommodations as are appropriate under the circumstances considering the age or disability of the witness. Accommodations ordered by the court may include

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ORS 44.550 Definitions for ORS 44.550 to 44.566. As used in ORS 44.550 to 44.566

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ORS 44.552 Method of subpoenaing law enforcement personnel; subpoena to reflect whether expert opinion to be asked. (1) 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

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ORS 44.554 Payment of law enforcement personnel subpoenaed as expert witness; obligation of party to reimburse law enforcement agency; method of payment. (1) 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

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ORS 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. [1991 c.550 §4; 2011 c.547 §24]

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ORS 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 ORS 44.562 (2), unless the party at whose request the subpoena was issued, or the party at whose request the officer or employee is ordered to return, shall first tender to the officer or employee the same sum required to be tendered with a subpoena in the first instance. [1991 c.550 §5; 2011 c.547 §25]

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ORS 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. [1991 c.550 §6; 2011 c.547 §26]

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