2017 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 138 - Appeals; Post-Conviction Relief
Section 138.625 - Victim testimony; contact with victim.
(1) A petitioner in a post-conviction relief proceeding may not compel a victim to testify, either by deposition, hearing or otherwise, unless the petitioner moves for an order of the court allowing a subpoena.
(2) A copy of the motion for a subpoena under this section must be served on the counsel for the defendant.
(3) The court may not grant an order allowing a subpoena under this section unless the petitioner can demonstrate good cause by showing that:
(a) The victim’s testimony is material to the post-conviction relief proceeding;
(b) The testimony is favorable to the petitioner; and
(c) The testimony was not introduced at trial.
(4) If the court grants an order allowing a subpoena under this section, upon a request by the victim for no personal contact between the parties, the court may allow the victim to appear by telephone or other communication device approved by the court.
(5) If contacted by the defense or any agent of the defense, the victim must be clearly informed by the defense or other contacting agent, either in person or in writing, of the identity and capacity of the person contacting the victim, that the victim does not have to talk to the defendant’s attorney, or other agents of the defendant, or provide other discovery unless the victim wishes, and that the victim may have a district attorney, assistant attorney general or other attorney or advocate present during any interview or other contact.
(6) As used in this section, "victim" has the meaning given that term in ORS 135.970. [2007 c.470 §1; 2013 c.144 §2]
Note: 138.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
