Testimony Generally

ORS 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.

Notes of Decisions

Testimony taken by telephone during trial was not deposition but was oral examination which this section 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


Source

Last accessed
Jun. 26, 2021