Title 4, Evidence and Witnesses

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 Civ…

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. Whe…

(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 …

As used in ORS 44.510 to 44.540, unless the context requires otherwise: (1) “Information” has its ordinary meaning and includes, but is not limited to, any written, oral, pictorial or electronically recorded news or other data. (2) “Medium of communication” has its ordinary meani…

(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 subp…

(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. (2) ORS 44.520 continues to apply in relation to any of the information, or source thereof, or any related information, even …

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] CHILDREN OR PERSONS WITH DEVELOPMENTAL DISABILITIES AS WITNESSES

(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 cour…

(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 tri…

As used in ORS 44.550 to 44.566: (1) “Civil case” means any proceeding other than a criminal prosecution. (2) “Law enforcement unit” means: (a) The police department of a city; (b) The sheriff’s department or other police organization of a county; or (c) A police department estab…

(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 em…

(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, resp…

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. [199…

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 t…

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] Note: See note under 44.550.

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 who…

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…

ORS 44.550 to 44.566 shall not apply to any proceeding in which a public body is a party. For the purposes of this section, “public body” has the meaning given in ORS 30.260. [1991 c.550 §9] Note: See note under 44.550.