Testimony Generally

ORS 45.010
Modes of testimony


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 (Remote location testimony).

(5)

Examination before a grand jury by means of simultaneous television transmission under ORS 132.320 (Consideration of evidence).

(6)

Declaration under penalty of perjury, as described in ORCP 1 E, or unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act), if the declarant is physically outside the boundaries of the United States. [Amended by 1993 c.425 §2; 1995 c.126 §3; 2003 c.194 §2; 2013 c.218 §11; 2017 c.240 §2]

Notes of Decisions

Testimony taken by telephone during trial was not deposition but was oral examination which ORS 45.040 requires to be "in the presence" of jury or tribunal which is to decide fact or act upon it, and it was error for court to allow telephonic testimony in absence of statute or procedural rule allowing it. State ex rel Juv. Dept. v. Gates, 86 Or App 631, 740 P2d 217 (1987), Sup Ct review denied

Where witness testifies in court that contents of written statement by witness are truthful, testimony is sufficient to make contents of statement part of evidentiary record for purpose of appellate review. Lowrance v. Trow, 225 Or App 250, 200 P3d 637 (2009)


Source

Last accessed
Jun. 26, 2021