2007 Oregon Code - Chapter 45 :: Chapter 45 - Testimony Generally
Chapter 45 — Testimony
Generally
2007 EDITION
TESTIMONY GENERALLY
EVIDENCE AND WITNESSES
MODES OF TAKING TESTIMONY
45.010Â Â Â Â Â Â Modes
of testimony
45.020Â Â Â Â Â Â Affidavit
described
45.040Â Â Â Â Â Â Oral
examination described
AFFIDAVITS AND DECLARATIONS IN SUPPORT OF PROVISIONAL
REMEDIES
45.130Â Â Â Â Â Â Production
of affiant or declarant for cross-examination
DEPOSITIONS
(Taking of Deposition)
45.132Â Â Â Â Â Â Definition
for ORS 45.135, 45.138 and 45.142
45.135Â Â Â Â Â Â Who
may not report deposition in civil action
45.138Â Â Â Â Â Â Duties
of person recording or reporting deposition
45.142Â Â Â Â Â Â Recording
or reporting services provided under contract; required disclosures; objection
to reporter
(Use of Deposition)
45.250Â Â Â Â Â Â Use
of deposition
45.260Â Â Â Â Â Â Introduction,
or exclusion, of part of deposition
45.270Â Â Â Â Â Â Use
of deposition in same or other proceedings
INTERPRETERS
45.272Â Â Â Â Â Â Definitions
for ORS 45.272 to 45.297
45.273Â Â Â Â Â Â Policy
45.275Â Â Â Â Â Â Appointment
of interpreter for non-English-speaking party or witness; substitution; payment
of costs
45.285Â Â Â Â Â Â Appointment
of interpreter for party or witness with disability; provision of assistive
communication device
45.288Â Â Â Â Â Â Appointment
of certified interpreter required; exceptions; disqualifications; code of
professional responsibility
45.291Â Â Â Â Â Â Certification
program; establishment by State Court Administrator; rules
45.292Â Â Â Â Â Â Certification
required for use of title or designation “certified court interpreter” or “court
certified interpreter”
45.294Â Â Â Â Â Â Court
Interpreter and Shorthand Reporter Certification Account; sources; uses
45.297Â Â Â Â Â Â Authority
to enter into service contracts
TELEPHONE TESTIMONY
45.400Â Â Â Â Â Â Telephone
testimony; when authorized; notice; payment of costs
PENALTIES
45.900Â Â Â Â Â Â Penalties
for violation of ORS 45.135 or 45.138
MODES OF TAKING TESTIMONY
     45.010
Modes of testimony. The
testimony of a witness is taken by six modes:
     (1) Affidavit.
     (2) Deposition.
     (3) Oral examination.
     (4) Telephone examination under ORS
45.400.
     (5) Examination before a grand jury by
means of simultaneous television transmission under ORS 132.320.
     (6) Declaration under penalty of perjury,
as described in ORCP 1 E. [Amended by 1993 c.425 §2; 1995 c.126 §3; 2003 c.194 §2]
     45.020
Affidavit described. An
affidavit is a written declaration under oath, made without notice to the
adverse party.
     45.030 [Repealed by 1979 c.284 §199]
     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.
     45.050 [Amended by 1961 c.461 §1; 1979 c.284 §82;
repealed by 1981 c.898 §53]
     45.110 [Repealed by 1979 c.284 §199]
     45.120 [Repealed by 1979 c.284 §199]
     45.125 [Formerly 45.180; repealed by 1977 c.404 §2
(194.500 to 194.580 enacted in lieu of 45.125)]
AFFIDAVITS
AND DECLARATIONS IN SUPPORT OF PROVISIONAL REMEDIES
     45.130
Production of affiant or declarant for cross-examination. Whenever a provisional remedy has been
allowed upon affidavit or declaration under penalty of perjury as described in
ORCP 1 E, 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]
DEPOSITIONS
(Taking of
Deposition)
     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]
     45.135
Who may not report deposition in civil action. (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 outcome of the action;
     (e) An employee of a party in the action;
     (f) An employee of an attorney for a party
in the action;
     (g) An employee of a person with a
financial interest in the outcome of the action;
     (h) An employee of an attorney for a
person with a financial interest in the outcome of the action; or
     (i) A person related, by affinity or
consanguinity within the third degree, to a party in the action or to a person
with a financial interest in the outcome of the action.
     (2) Any deposition recorded or reported by
a person in violation of this section may not be introduced in evidence or used
for any other purpose in a civil action. [1999 c.942 §1]
     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.
     (2) Any person employed or otherwise
engaged to record or report a deposition must provide equal services, and
charge equal fee rates, to all parties and attorneys in the proceeding. A
person employed or otherwise engaged to record or report a deposition must
distribute copies of the record or report at the same time to all parties and
attorneys who are entitled to receive a copy. In addition, a person employed or
otherwise engaged to record or report a deposition must:
     (a) Disclose the fee rates of the person
for services, transcripts and copies to the attorneys identified in the
proceeding and to any party who is not represented by an attorney and who is
identified in the proceeding; or
     (b) Provide a complete, individual
accounting of all appearance fees, transcript fees and any other fees charged
for services rendered in the proceeding. [1999 c.942 §2]
     45.140 [Repealed by 1979 c.284 §199]
     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:
     (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;
or
     (d) An attorney for a person with a
financial interest in the outcome of the action.
     (2) If the person recording or reporting a
deposition has a contract to provide reporting services for depositions on a
full-time or part-time basis for any of the persons specified in subsection (1)
of this section, any party to the action may object to the person employed for
the purpose of recording or reporting the deposition. Upon objection, the
parties shall attempt to agree upon a different person who shall record or
report the deposition. If the parties cannot reach agreement, any of the
parties may move the court to appoint an independent person who shall record or
report the deposition.
     (3) A party that objects to a person
employed for the purpose of recording or reporting a deposition in the manner
provided by this section is not subject to any penalty or sanction for making
the objection and is not required to pay any fee of the person objected to.
     (4) This section does not apply to
contracts for reporting services for a single deposition, case or incident.
     (5) This section does not apply to a
person who records or reports depositions for a public body, as defined in ORS
30.260, or for a federal agency or any instrumentality of the federal
government. [1999 c.942 §4]
     45.150 [Repealed by 1955 c.611 §13]
     45.151 [1955 c.611 §1; repealed by 1979 c.284 §199]
     45.160 [Repealed by 1955 c.611 §13]
     45.161 [1955 c.611 §2; repealed by 1979 c.284 §199]
     45.170 [Repealed by 1955 c.611 §13]
     45.171 [1955 c.611 §3; repealed by 1979 c.284 §199]
     45.180 [Renumbered 45.125]
     45.181 [1955 c.611 §5; repealed by 1977 c.358 §12]
     45.185 [1959 c.354 §1; 1977 c.358 §6; repealed by
1979 c.284 §199]
     45.190 [1955 c.611 §6; 1977 c.358 §7; repealed by
1979 c.284 §199]
     45.200 [1955 c.611 §7; repealed by 1979 c.284 §199]
     45.210 [Repealed by 1955 c.611 §13]
     45.220 [Repealed by 1955 c.611 §13]
     45.230 [Repealed by 1979 c.284 §199]
     45.240 [Repealed by 1979 c.284 §199]
(Use of
Deposition)
     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:
     (a) Any deposition may be used by any
party for the purpose of contradicting or impeaching the testimony of a
deponent as a witness.
     (b) The deposition of a party, or of
anyone who at the time of taking the deposition was an officer, director or
managing agent of a public or private corporation, partnership or association
that is a party, may be used by an adverse party for any purpose.
     (2) 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 for
any purpose, if the party was present or represented at the taking of the
deposition or had due notice thereof, and if the court finds that:
     (a) The witness is dead;
     (b) The witness is unable to attend or
testify because of age, sickness, infirmity or imprisonment;
     (c) The party offering the deposition has
been unable to procure the attendance of the witness by subpoena;
     (d) Upon application and notice, such
exceptional circumstances exist as to make it desirable, in the interest of
justice and with due regard to the importance of presenting the testimony of
witnesses orally in open court, to allow the deposition to be used; or
     (e) The deposition was taken in the same
proceeding pursuant to ORCP 39 I.
     (3) For the purpose of subsection (2)(c)
of this section, the failure of a party to serve a witness at the time of
deposition with a subpoena that requires the appearance of the witness at trial
or other hearing does not constitute sufficient grounds to deny the use of the
deposition of that witness at the trial or other hearing without further
showing of a lack of diligence on the part of the party offering the
deposition. [1955 c.611 §§8,9; 1979 c.284 §83; 1987 c.275 §1; 1989 c.980 §4;
2001 c.234 §1; 2007 c.71 §12]
     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]
     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]
INTERPRETERS
     45.272
Definitions for ORS 45.272 to 45.297. 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 determination is subject to judicial review by a circuit
court or by the Court of Appeals.
     (2) “Agency” has that meaning given in ORS
183.310. [1999 c.1041 §3]
     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.
     (2) It is the intent of the Legislative
Assembly in passing ORS 45.272 to 45.297 to provide a procedure for the
qualification and use of court interpreters. Nothing in ORS 45.272 to 45.297
abridges the rights or obligations of parties under other laws or court rules. [1993
c.687 §1; 1999 c.1041 §1]
     45.275
Appointment of interpreter for non-English-speaking party or witness; substitution;
payment of costs. (1) 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 a
non-English-speaking party;
     (b) To interpret the testimony of a
non-English-speaking party or witness; or
     (c) To assist the court, agency or hearing
officer in performing the duties and responsibilities of the court, agency or
hearing officer.
     (2) No fee shall be charged to any person
for the appointment of an interpreter to interpret testimony of a
non-English-speaking party or witness, or to assist the court, agency or hearing
officer in performing the duties and responsibilities of the court, agency or
hearing officer. No fee shall be charged to a non-English-speaking party who is
unable to pay for the appointment of an interpreter to interpret the
proceedings to the non-English-speaking party. No fee shall be charged to any
person for the appointment of an interpreter if appointment is made to
determine whether the person is unable to pay or non-English-speaking for the
purposes of this section.
     (3) A non-English-speaking party shall be
considered unable to pay for an interpreter for the purposes of this section
if:
     (a) The party makes a verified statement
and provides other information in writing under oath showing financial
inability to pay for a qualified interpreter, and provides any other
information required by the court or agency concerning the inability to pay for
such an interpreter; and
     (b) It appears to the court or agency that
the party is in fact unable to pay for a qualified interpreter.
     (4) Fair compensation for the services of
an interpreter appointed under this section shall be paid:
     (a) By the county, subject to the approval
of the terms of the contract by the governing body of the county, in a
proceeding in a county or justice court.
     (b) By the city, subject to the approval
of the terms of the contract by the governing body of the city, in a proceeding
in a municipal court.
     (c) By the state in a proceeding in a
circuit court. Amounts payable by the state shall be from funds available to
the court other than the Public Defense Services Account established by ORS
151.225, except that fees of an interpreter necessary for the purpose of
communication between appointed counsel and a client or witness in a criminal
case shall be payable from that account.
     (d) By the agency in an adjudicatory
proceeding.
     (5) If a party or witness is dissatisfied
with the interpreter appointed by the court, the hearing officer or the
designee of the hearing officer, the party or witness may request the
appointment of a different certified interpreter. A request under this
subsection must be made in a manner consistent with the policies and notice
requirements of the court or agency relating to the appointment and scheduling
of interpreters. If the substitution of another interpreter will delay the
proceeding, the person making the request must show good cause for the
substitution. Any party may object to use of any interpreter for good cause.
Unless the court, hearing officer or the designee of the hearing officer has
appointed a different interpreter for cause, the party using any interpreter
other than the interpreter originally appointed by the court, hearing officer
or the designee of the hearing officer shall bear any additional costs beyond
the amount required to pay the original interpreter.
     (6) A judge or hearing officer, on the
judgeÂ’s or hearing officerÂ’s own motion, may substitute a different interpreter
for the interpreter initially appointed in a proceeding. A judge or hearing
officer may make a substitution under this subsection at any time and for any
reason.
     (7) A court may allow as costs reasonable
expenses incurred by a party in employing the services of an interpreter in
civil proceedings in the manner provided by ORCP 68.
     (8) A court, a hearing officer or the
designee of a hearing officer shall require any person serving as an
interpreter for the court or agency to state the personÂ’s name on the record
and whether the person is certified under ORS 45.291. If the person is
certified under ORS 45.291, the interpreter need not make the oath or
affirmation required by ORS 40.325 or submit the interpreterÂ’s qualifications
on the record. If the person is not certified under ORS 45.291, the interpreter
must make the oath or affirmation required by ORS 40.325 and submit the
interpreterÂ’s qualifications on the record.
     (9) For the purposes of this section:
     (a) “Hearing officer” includes an
administrative law judge.
     (b) “Non-English-speaking person” means a
person who, by reason of place of birth or culture, speaks a language other
than English and does not speak English with adequate ability to communicate
effectively in the proceedings.
     (c) “Qualified interpreter” means a person
who is readily able to communicate with the non-English-speaking person and who
can orally transfer the meaning of statements to and from English and the
language spoken by the non-English-speaking person. A qualified interpreter
must be able to interpret in a manner that conserves the meaning, tone, level,
style and register of the original statement, without additions or omissions. “Qualified
interpreter” does not include any person who is unable to interpret the
dialect, slang or specialized vocabulary used by the party or witness. [1991
c.750 §2; 1993 c.687 §8; 1995 c.273 §16; 1997 c.872 §18; 1999 c.1041 §4; 2001
c.242 §1; 2001 c.962 §§65,66; 2003 c.75 §§77,78; 2005 c.385 §2]
     45.280 [1955 c.611 §12; repealed by 1979 c.284 §199]
     45.285
Appointment of interpreter for party or witness with disability; provision of
assistive communication device.
(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 readily understand the proceedings because of deafness or a
physical hearing impairment, or cannot communicate in the proceedings because
of a physical speaking impairment.
     (d) “Qualified interpreter” means a person
who is readily able to communicate with the person with a disability, interpret
the proceedings and accurately repeat and interpret the statements of the
person with a disability to the court.
     (2) In any civil action, adjudicatory
proceeding or criminal proceeding, including a court-ordered deposition if no
other person is responsible for providing an interpreter, in which a person
with a disability is a party or witness, the court, hearing officer or the
designee of the hearing officer shall appoint a qualified interpreter and make
available appropriate assistive communication devices whenever it is necessary
to interpret the proceedings to the person with a disability, or to interpret
the testimony of the person with a disability.
     (3) No fee shall be charged to the person
with a disability for the appointment of an interpreter or use of an assistive
communication device under this section. No fee shall be charged to any person
for the appointment of an interpreter or the use of an assistive communication
device if appointment or use is made to determine whether the person has a
disability for the purposes of this section.
     (4) Fair compensation for the services of
an interpreter or the cost of an assistive communication device under this
section shall be paid:
     (a) By the county, subject to the approval
of the terms of the contract by the governing body of the county, in a
proceeding in a county or justice court.
     (b) By the city, subject to the approval
of the terms of the contract by the governing body of the city, in a proceeding
in a municipal court.
     (c) By the state in a proceeding in a
circuit court. Amounts payable by the state shall be from funds available to
the court other than the Public Defense Services Account established by ORS
151.225, except that fees of an interpreter necessary for the purpose of
communication between appointed counsel and a client or witness in a criminal
case shall be payable from that account.
     (d) By the agency in an adjudicatory
proceeding. [1991 c.750 §1; 1993 c.687 §6; 1999 c.1041 §5; 2001 c.962 §§67,68;
2003 c.75 §§79,80; 2007 c.70 §13]
     45.288
Appointment of certified interpreter required; exceptions; disqualifications;
code of professional responsibility. (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 interpreter” means a person
who meets the requirements of ORS 45.285 for an interpreter for a person with a
disability, or a person who meets the requirements of ORS 45.275 for an
interpreter for a non-English-speaking person.
     (2) Except as provided by this section,
whenever a court is required to appoint an interpreter for any person in a
proceeding before the court, or whenever a hearing officer is required to
appoint an interpreter in an adjudicatory proceeding, the court, hearing
officer or the designee of the hearing officer shall appoint a qualified
interpreter who has been certified under ORS 45.291. If no certified
interpreter is available, able or willing to serve, the court, hearing officer
or the designee of the hearing officer shall appoint a qualified interpreter.
Upon request of a party or witness, the court, hearing officer or designee of
the hearing officer, in the discretion of the court, hearing officer or the
designee of the hearing officer, may appoint a qualified interpreter to act as
an interpreter in lieu of a certified interpreter in any case or adjudicatory
proceeding.
     (3) The requirements of this section apply
to appointments of interpreters for persons with disabilities and for
non-English-speaking persons.
     (4) The court, hearing officer or the
designee of the hearing officer may not appoint any person under ORS 45.272 to
45.297 or 132.090 if:
     (a) The person has a conflict of interest
with any of the parties or witnesses in the proceeding;
     (b) The person is unable to understand the
judge, hearing officer, party or witness, or cannot be understood by the judge,
hearing officer, party or witness; or
     (c) The person is unable to work
cooperatively with the judge of the court, the hearing officer, the person in
need of an interpreter or the counsel for that person.
     (5) The Supreme Court shall adopt a code
of professional responsibility for interpreters. The code is binding on all
interpreters who provide interpreter services in the courts or in adjudicatory
proceedings before agencies. [1993 c.687 §2; 1999 c.1041 §6; 2001 c.242 §2;
2001 c.243 §2; 2003 c.75 §81; 2007 c.70 §14]
     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:
     (a) Prescribing the form and content of
applications for certification;
     (b) Prescribing and collecting reasonable
fees for the application, examination, certification and renewal of
certification for court interpreters;
     (c) Establishing categories of
certificates based on the nature of the interpreter services to be provided,
including categories for interpreters for persons with disabilities, as defined
in ORS 45.285, and for interpreters for non-English-speaking persons, as
defined in ORS 45.275;
     (d) Establishing minimum competency
requirements for court interpreters in the various categories of certification;
     (e) Establishing teaching programs
designed to educate court interpreters in ethical, substantive and procedural
legal issues;
     (f) Prescribing the form of and
administering examinations for the purpose of testing court interpreters for
competency and ethics;
     (g) Establishing grounds for renewal,
suspension or cancellation of certificates;
     (h) Establishing a process for receiving
comments and input into the policy and procedures of the certification program;
     (i) Establishing a process for receiving
comments and input on compliance with ORS 45.272 to 45.297;
     (j) Establishing a process for receiving
comments and input on compliance with the code of professional responsibility
adopted under ORS 45.288; and
     (k) Establishing a process by which an
adversely affected interpreter may seek review of any decision made by the
State Court Administrator on renewal, suspension or cancellation of a
certificate.
     (2) An interpreter may be certified in
     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.
     (2) Subsection (1) of this section does not
apply to any person who:
     (a) Is certified under the program
established under ORS 45.291;
     (b) Is certified as an interpreter by the
federal courts; or
     (c) Is certified as an interpreter in
another state that has a certification program that is equivalent to the
program established under ORS 45.291. [1999 c.1041 §8]
     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.
     (2) The State Court Administrator may
apply for and receive funds or grants from federal, state and private sources
to be credited to the Court Interpreter and Shorthand Reporter Certification
Account and used for the purposes specified in ORS 8.415 to 8.455 and 45.291. [1993
c.687 §4; 1995 c.386 §7]
     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]
     45.310 [Repealed by 1955 c.611 §13]
     45.320 [Repealed by 1979 c.284 §199]
     45.325 [1955 c.611 §4; repealed by 1979 c.284 §199]
     45.330 [Repealed by 1979 c.284 §199]
     45.340 [Amended by 1959 c.96 §1; repealed by 1979
c.284 §199]
     45.350 [Repealed by 1979 c.284 §199]
     45.360 [Repealed by 1979 c.284 §199]
     45.370 [Repealed by 1979 c.284 §199]
     45.380 [Repealed by 1955 c.611 §13]
TELEPHONE
TESTIMONY
     45.400
Telephone testimony; when authorized; notice; payment of costs. (1) Upon motion of any party and for good
cause shown, the court may order that the testimony of the party or any witness
for the moving party be taken by telephone or by other two-way electronic
communication device in any civil proceeding or any proceeding under ORS
chapter 419B.
     (2) A party filing a motion under this
section must give written notice to all other parties to the proceeding at
least 30 days before the trial or hearing at which the telephone testimony will
be offered. The court may allow written notice less than 30 days before the
trial or hearing for good cause shown.
     (3) Except as provided under subsection
(4) of this section, the court shall allow telephone testimony under this
section upon a showing of good cause. The court may not allow the use of
telephone testimony in any case if:
     (a) The ability to evaluate the
credibility and demeanor of a witness or party in person is critical to the
outcome of the proceeding;
     (b) The issue or issues the witness or
party will testify about are so determinative of the outcome that face-to-face
cross-examination is necessary;
     (c) A perpetuation deposition under ORCP
39 I is a more practical means of presenting the testimony;
     (d) The exhibits or documents the witness
or party will testify about are too voluminous to make telephone testimony
practical;
     (e) Facilities that would permit the
taking of telephone testimony are not available;
     (f) The failure of the witness or party to
appear personally will result in substantial prejudice to a party to the
proceeding; or
     (g) Other circumstances exist that require
the personal appearance of a witness or party.
     (4) The court may not allow use of
telephone testimony in a jury trial unless good cause is shown and there is a
compelling need for the use of telephone testimony.
     (5) The court may not prohibit the use of
telephone testimony solely by reason of the provisions of subsection (3)(e) of
this section if the party filing the motion establishes that alternative
procedures or technologies allow the taking of telephone testimony.
     (6) A party filing a motion for telephone
testimony under this section must pay all costs of the telephone testimony,
including the costs of alternative procedures or technologies used for the
taking of telephone testimony. No part of those costs may be recovered by the
party filing the motions as costs and disbursements in the proceeding.
     (7) Factors that a court may consider that
would support a finding of good cause for the purpose of a motion under this
section include:
     (a) The witness or party might be
unavailable because of age, infirmity or mental or physical illness;
     (b) The party filing the motion seeks to
take the telephone testimony of a witness whose attendance the party has been
unable to secure by process or other reasonable means;
     (c) A personal appearance by the party or
witness would be an undue hardship on the party or witness; or
     (d) Any other circumstances that
constitute good cause.
     (8) This section does not apply to a
workersÂ’ compensation hearing or to any other administrative proceeding.
     (9) For purposes of this section, “telephone
testimony” means testimony given by telephone or by any other two-way
electronic communication device, including but not limited to satellite,
cellular or other interactive communication device. [1993 c.425 §1; 2001 c.398 §1;
2003 c.262 §1]
     45.410 [Repealed by 1979 c.284 §199]
     45.420 [Repealed by 1979 c.284 §199]
     45.430 [Repealed by 1979 c.284 §199]
     45.440 [Repealed by 1979 c.284 §199]
     45.450 [Repealed by 1979 c.284 §199]
     45.460 [Repealed by 1979 c.284 §199]
     45.470 [Repealed by 1979 c.284 §199]
     45.510 [Repealed by 1981 c.892 §98]
     45.520 [Repealed by 1981 c.892 §98]
     45.530 [Repealed by 1981 c.892 §98]
     45.540 [Repealed by 1981 c.892 §98]
     45.550 [Repealed by 1981 c.892 §98]
     45.560 [Repealed by 1981 c.892 §98]
     45.570 [Repealed by 1981 c.892 §98]
     45.580 [Repealed by 1981 c.892 §98]
     45.590 [Repealed by 1981 c.892 §98]
     45.600 [Repealed by 1981 c.892 §98]
     45.610 [Repealed by 1981 c.892 §98]
     45.620 [Repealed by 1981 c.892 §98]
     45.630 [Repealed by 1981 c.892 §98]
PENALTIES
     45.900
Penalties for violation of ORS 45.135 or 45.138. Violation of ORS 45.135 or 45.138 is a
violation. A person violating ORS 45.135 or 45.138 is subject to a fine of up
to $500. [1999 c.942 §3; 1999 c.1051 §322d]
     45.910 [1959 c.523 §§1,2,3; repealed by 1979 c.284 §199]
_______________
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