Title 4, Evidence and Witnesses

The testimony of a witness is taken by six modes: (1) Affidavit. (2) Deposition. (3) Oral examination. (4) Remote location examination under ORS 45.400. (5) Examination before a grand jury by means of simultaneous television transmission under ORS 132.320. (6) Declaration under p…

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.

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 who…

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]

(1) A deposition in a civil action may not be stenographically reported by: (a) A party in the action; (b) A person with a financial interest in the outcome of the action; (c) An attorney for a party in the action; (d) An attorney for a person with a financial interest in the out…

(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 re…

(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: (a) A party in the action;…

(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 t…

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 o…

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 re…

As used in ORS 45.272 to 45.297: (1) “Adjudicatory proceeding” means: (a) Any contested case hearing conducted under ORS chapter 183; or (b) Any hearing conducted by an agency in which the individual legal rights, duties or privileges of specific parties are determined if that de…

(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…

(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: (A) To interpret the proceedings to …

(1) For the purposes of this section: (a) “Assistive communication device” means any equipment designed to facilitate communication by a person with a disability. (b) “Hearing officer” includes an administrative law judge. (c) “Person with a disability” means a person who cannot …

(1) For the purposes of this section: (a) “Hearing officer” includes an administrative law judge. (b) “Non-English-speaking person” has the meaning given that term in ORS 45.275. (c) “Person with a disability” has the meaning given that term in ORS 45.285. (d) “Qualified interpre…

(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: (a) P…

(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 cer…

(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 a…

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 …

(1) 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. (2) A party filing a motion under this section must give written notice to all other parties to the proceed…

Violation of ORS 45.135 or 45.138 is a Class B violation. [1999 c.942 §3; 1999 c.1051 §322d; 2011 c.597 §152]