Chapter 45 — Chapter 45

ORS 45.010 Modes of testimony. The testimony of a witness is taken by six modes

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ORS 45.020 Affidavit described. An affidavit is a written declaration under oath, made without notice to the adverse party

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ORS 45.030 [Repealed by 1979 c.284 §199]

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ORS 45.040 Oral examination described. 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

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ORS 45.050 [Amended by 1961 c.461 §1; 1979 c.284 §82; repealed by 1981 c.898 §53]

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ORS 45.110 [Repealed by 1979 c.284 §199]

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ORS 45.120 [Repealed by 1979 c.284 §199]

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ORS 45.125 [Formerly 45.180; repealed by 1977 c.404 §2 (194.500 to 194.580 enacted in lieu of 45.125)]

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ORS 45.130 Production of affiant or declarant for cross-examination. 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, requiring the affiant or declarant to be produced for cross-examination before a named officer authorized to administer oaths. Thereupon the party to whom the remedy was allowed shall lose the benefit of the affidavit or declaration and all proceedings founded thereon, unless within eight days, or such other time as the court or judge may direct, upon a previous notice to the adversary of at least three days, the party produces the affiant or declarant for examination before the officer mentioned in the notice, or some other of like authority, provided for in the order of the court or judge. Upon production, the affiant or declarant may be examined by either party, but a party is not obliged to make this production of an affiant or a declarant except within the county where the provisional remedy was allowed. [Amended by 2003 c.194 §3; 2013 c.218 §12]

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ORS 45.132 Definition for ORS 45.135, 45.138 and 45.142. 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. [1999 c.942 §5]

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ORS 45.135 Who may not report deposition in civil action. (1) A deposition in a civil action may not be stenographically reported by

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ORS 45.138 Duties of person recording or reporting deposition. (1) 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 the record or report

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ORS 45.140 [Repealed by 1979 c.284 §199]

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ORS 45.142 Recording or reporting services provided under contract; required disclosures; objection to reporter. (1) 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

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ORS 45.150 [Repealed by 1955 c.611 §13]

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ORS 45.151 [1955 c.611 §1; repealed by 1979 c.284 §199]

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ORS 45.160 [Repealed by 1955 c.611 §13]

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ORS 45.161 [1955 c.611 §2; repealed by 1979 c.284 §199]

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ORS 45.170 [Repealed by 1955 c.611 §13]

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ORS 45.171 [1955 c.611 §3; repealed by 1979 c.284 §199]

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ORS 45.180 [Renumbered 45.125]

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ORS 45.181 [1955 c.611 §5; repealed by 1977 c.358 §12]

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ORS 45.185 [1959 c.354 §1; 1977 c.358 §6; repealed by 1979 c.284 §199]

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ORS 45.190 [1955 c.611 §6; 1977 c.358 §7; repealed by 1979 c.284 §199]

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ORS 45.200 [1955 c.611 §7; repealed by 1979 c.284 §199]

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ORS 45.210 [Repealed by 1955 c.611 §13]

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ORS 45.220 [Repealed by 1955 c.611 §13]

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ORS 45.230 [Repealed by 1979 c.284 §199]

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ORS 45.240 [Repealed by 1979 c.284 §199]

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ORS 45.250 Use of deposition. (1) 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

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ORS 45.260 Introduction, or exclusion, of part of deposition. 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 relates thereto is excluded also. [1955 c.611 §10]

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ORS 45.270 Use of deposition in same or other proceedings. 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 filed in the former action, suit or proceeding may be used in the latter as if originally taken therefor, and is then to be deemed the evidence of the party reading it. [1955 c.611 §11]

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ORS 45.272 Definitions for ORS 45.272 to 45.297. As used in ORS 45.272 to 45.297

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ORS 45.273 Policy. (1) 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 interpreters are available to provide assistance

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ORS 45.275 Appointment of interpreter for non-English-speaking party, witness or victim; substitution; payment of costs. (1)(a) 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

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ORS 45.280 [1955 c.611 §12; repealed by 1979 c.284 §199]

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ORS 45.285 Appointment of interpreter for party, witness or victim with disability; provision of assistive communication device. (1) For the purposes of this section

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ORS 45.288 Appointment of certified interpreter required; exceptions; disqualifications; code of professional responsibility. (1) For the purposes of this section

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ORS 45.291 Certification program; establishment by State Court Administrator; rules. (1) 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

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ORS 45.292 Certification required for use of title or designation “certified court interpreter” or “court certified interpreter.” (1) 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

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ORS 45.294 Court Interpreter and Shorthand Reporter Certification Account; sources; uses. (1) 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 to the State Court Administrator to carry out the provisions of ORS 8.415 to 8.455 and 45.291

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ORS 45.297 Authority to enter into service contracts. 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 telecommunications methods. [1993 c.687 §5]

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ORS 45.310 [Repealed by 1955 c.611 §13]

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ORS 45.320 [Repealed by 1979 c.284 §199]

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ORS 45.325 [1955 c.611 §4; repealed by 1979 c.284 §199]

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ORS 45.330 [Repealed by 1979 c.284 §199]

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ORS 45.340 [Amended by 1959 c.96 §1; repealed by 1979 c.284 §199]

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ORS 45.350 [Repealed by 1979 c.284 §199]

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ORS 45.360 [Repealed by 1979 c.284 §199]

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ORS 45.370 [Repealed by 1979 c.284 §199]

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