Title 4, Evidence and 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 …

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.

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]