Remote location testimony
- when authorized
- payment of costs
(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 proceeding at least 30 days before the trial or hearing at which the remote location testimony will be offered. The court may allow written notice less than 30 days before the trial or hearing for good cause shown.
(3)(a) Except as provided under subsection (5) of this section, the court may allow remote location testimony under this section upon a showing of good cause by the moving party, unless the court determines that the use of remote location testimony would result in prejudice to the nonmoving party and that prejudice outweighs the good cause for allowing the remote location testimony.
(b)Factors that a court may consider that would support a finding of good cause for the purpose of a motion under this subsection include:
(A)Whether the witness or party might be unavailable because of age, infirmity or mental or physical illness.
(B)Whether the party filing the motion seeks to take the remote location testimony of a witness whose attendance the party has been unable to secure by process or other reasonable means.
(C)Whether a personal appearance by the witness or party would be an undue hardship on the witness or party.
(D)Whether a perpetuation deposition under ORCP 39 I, or another alternative, provides a more practical means of presenting the testimony.
(E)Any other circumstances that constitute good cause.
(c)Factors that a court may consider that would support a finding of prejudice under this subsection include:
(A)Whether the ability to evaluate the credibility and demeanor of a witness or party in person is critical to the outcome of the proceeding.
(B)Whether the nonmoving party demonstrates that face-to-face cross-examination is necessary because the issue or issues the witness or party will testify about may be determinative of the outcome.
(C)Whether the exhibits or documents the witness or party will testify about are too voluminous to make remote location testimony practical.
(D)The nature of the proceeding, with due consideration for a person’s liberty or parental interests.
(E)Whether facilities that would permit the taking of remote location testimony are readily available.
(F)Whether the nonmoving party demonstrates that other circumstances exist that require the personal appearance of a witness or party.
(4)In exercising its discretion to allow remote location testimony under this section, a court may authorize telephone or other nonvisual transmission only upon finding that video transmission is not readily available.
(5)The court may not allow use of remote location testimony in a jury trial unless good cause is shown and there is a compelling need for the use of remote location testimony.
(6)A party filing a motion for remote location testimony under this section must pay all costs of the remote location testimony, including the costs of alternative procedures or technologies used for the taking of remote location testimony. No part of those costs may be recovered by the party filing the motions as costs and disbursements in the proceeding.
(7)This section does not apply to a workers’ compensation hearing or to any other administrative proceeding.
(8)As used in this section:
(a)“Remote location testimony” means live testimony given by a witness or party from a physical location outside of the courtroom of record via simultaneous electronic transmission.
(b)“Simultaneous electronic transmission” means television, telephone or any other form of electronic communication transmission if the form of transmission allows:
(A)The court, the attorneys and the person testifying from a remote location to communicate with each other during the proceeding;
(B)A witness or party who is represented by counsel at the hearing to be able to consult privately with counsel during the proceeding; and
(C)The public to hear and, if the transmission includes a visual image, to see the witness or party if the public would otherwise have the right to hear and see the witness or party testifying in the courtroom of record. [1993 c.425 §1; 2001 c.398 §1; 2003 c.262 §1; 2017 c.240 §1]
Notes of Decisions
Court erred by allowing physician's testimony by telephone where that testimony made up entirety of Department of Human Services' jurisdictional case and denied parent opportunity to conduct in-person cross-examination of witness. Dept. of Human Services v. K.A.H., 278 Or App 284, 381 P3d 1052 (2016)