reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 041 - Evidence Generally › Section 41.930 - Admissibility of copies of original records.

The copy of the records described in ORCP 55 H or ORS 136.447 is admissible in evidence to the same extent as though the original thereof were offered and a custodian of hospital records had been present and testified to the matters stated in the affidavit. The affidavit is admissible as evidence of the matters stated therein. The matters stated therein are presumed to be true. The presumption established by this section is a presumption affecting the burden of producing evidence. [1973 c.263 §4; 1979 c.284 §77; 1995 c.196 §4]
Note:
ORCP 55 was repealed and replaced by the Council on Court Procedures Amendments promulgated on December 8, 2018, and effective January 1, 2020. The text of 41.930 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 41.930 for the repeal of ORCP 55 has not been made. See the ORCP 55 Cross-Reference Chart available from the Council on Court Procedures.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 041 - Evidence Generally › Section 41.945 - Application of ORS 41.930 and ORCP 55 H.

ORS 41.930 and ORCP 55 H apply in any proceedings in which testimony may be compelled. [1973 c.263 §8; 1979 c.284 §78]
Note:
ORCP 55 was repealed and replaced by the Council on Court Procedures Amendments promulgated on December 8, 2018, and effective January 1, 2020. The text of 41.945 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 41.945 for the repeal of ORCP 55 has not been made. See the ORCP 55 Cross-Reference Chart available from the Council on Court Procedures.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 042 - Execution, Formalities and Interpretation of Writings › Section 42.115 - Effect of presence or absence of seal.

The presence or absence of a seal, corporate or otherwise, shall have no effect upon the validity, enforceability or character of any written instrument except where specifically otherwise provided by statute. A writing under seal may be modified or discharged by writing not under seal or by a valid oral agreement. [1965 c.502 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 042 - Execution, Formalities and Interpretation of Writings › Section 42.125 - Seal of state officer or state agency authorized.

(1) For the purposes of ORS 40.510 (1)(a) and (d), each state officer and state agency may have a seal which, unless specifically provided otherwise by law, shall consist of an impression, imprint or likeness of the state seal accompanied by the name of the state officer or state agency.
(2) As used in this section:
(a) "Seal" has the meaning given that term in ORS 42.110.
(b) "State agency" means every state officer, board, commission, department, institution, branch or agency of the state government, except:
(A) The Legislative Assembly and the courts and their officers and committees; and
(B) The Oregon Public Defense Commission.
(c) "State officer" includes any appointed state official who is authorized by the Oregon Department of Administrative Services to have a seal and any elected state official, except members of the Legislative Assembly. [1982 s.s.1 c.14 §1; 2003 c.449 §23; 2005 c.22 §32; 2023 c.281 §19]
Note:
The amendments to 42.125 by section 80, chapter 281, Oregon Laws 2023, become operative January 1, 2025. See section 92, chapter 281, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.
(1) For the purposes of ORS 40.510 (1)(a) and (d), each state officer and state agency may have a seal which, unless specifically provided otherwise by law, shall consist of an impression, imprint or likeness of the state seal accompanied by the name of the state officer or state agency.
(2) As used in this section:
(a) "Seal" has the meaning given that term in ORS 42.110.
(b) "State agency" means every state officer, board, commission, department, institution, branch or agency of the state government, except the Legislative Assembly and the courts and their officers and committees.
(c) "State officer" includes any appointed state official who is authorized by the Oregon Department of Administrative Services to have a seal and any elected state official, except members of the Legislative Assembly.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 042 - Execution, Formalities and Interpretation of Writings › Section 42.220 - Consideration of circumstances.

In construing an instrument, the circumstances under which it was made, including the situation of the subject and of the parties, may be shown so that the judge is placed in the position of those whose language the judge is interpreting.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 042 - Execution, Formalities and Interpretation of Writings › Section 42.230 - Office of judge in construing instruments.

In the construction of an instrument, the office of the judge is simply to ascertain and declare what is, in terms or in substance, contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such construction is, if possible, to be adopted as will give effect to all.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 042 - Execution, Formalities and Interpretation of Writings › Section 42.240 - Intention of the parties; general and particular provisions and intents.

In the construction of an instrument the intention of the parties is to be pursued if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent shall control a general one that is inconsistent with it.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 042 - Execution, Formalities and Interpretation of Writings › Section 42.250 - Terms construed as generally accepted; evidence of other signification.

The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible that they have a technical, local, or otherwise peculiar signification and were used and understood in the particular instance, in which case the agreement shall be construed accordingly.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 042 - Execution, Formalities and Interpretation of Writings › Section 42.260 - Ambiguous terms.

When the terms of an agreement have been intended in a different sense by the parties, that sense is to prevail, against either party, in which the party supposed the other understood it. When different constructions of a provision are otherwise equally proper, that construction is to be taken which is most favorable to the party in whose favor the provision was made.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 042 - Execution, Formalities and Interpretation of Writings › Section 42.280 - Deciphering characters and translating languages.

When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, evidence of persons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning of the language.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 042 - Execution, Formalities and Interpretation of Writings › Section 42.290 - Construction of notices.

A written notice is to be construed according to the ordinary acceptation of its terms. Thus, a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, shall be held to import that it has been duly presented for acceptance or payment and refused, and that the holder looks for payment to the person to whom the notice is given.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 042 - Execution, Formalities and Interpretation of Writings › Section 42.300 - Parties to written instrument not to deny facts recited therein.

Except for the recital of a consideration, the truth of the facts recited from the recital in a written instrument shall not be denied by the parties thereto, their representatives or successors in interest by a subsequent title. [1981 c.892 §83]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 043 - Public Writings › Section 43.130 - Judicial orders that are conclusive.

The effect of a judgment, decree or final order in an action, suit or proceeding before a court or judge of this state or of the United States, having jurisdiction is as follows:
(1) In case of a judgment, decree or order against a specific thing or in respect to the probate of a will or the administration of the estate of a deceased person or in respect to the personal, political, or legal condition or relation of a particular person, the judgment, decree or order is conclusive upon the title to the thing, the will or administration, or the condition or relation of the person.
(2) In other cases, the judgment, decree or order is, in respect to the matter directly determined, conclusive between the parties, their representatives and their successors in interest by title subsequent to the commencement of the action, suit or proceeding, litigating for the same thing, under the same title and in the same capacity.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 043 - Public Writings › Section 43.140 - Judicial orders that create a disputable presumption.

A judicial order, other than a judgment, decree or final order, in an action, suit or proceeding before a court or judge of this state or of the United States creates a disputable presumption concerning the matter directly determined between the same parties, their representatives and their successors in interest by title subsequent to the commencement of the action, suit or proceeding, litigating for the same thing, under the same title and in the same capacity.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 043 - Public Writings › Section 43.170 - Effect on principal of judgment against surety.

Whenever, pursuant to ORS 43.130 to 43.160, a party is bound by a record, and stands in the relation of surety for another, the latter is also bound from the time that the latter has notice of the action, suit or proceeding and a request from the surety to defend against it.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 043 - Public Writings › Section 43.180 - Effect of judicial record of other jurisdictions.

The effect of a judicial record of a sister state, the District of Columbia or a territory of the United States is the same in this state as in the place where it was made, except:
(1) It can be enforced in this state only by an action, suit or proceeding; and
(2) The authority of a guardian, conservator, committee, executor or administrator does not extend beyond the jurisdiction of the government under which the guardian, conservator, committee, executor or administrator is invested with authority. [Amended by 1973 c.823 §90; 2005 c.22 §33]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 043 - Public Writings › Section 43.220 - Impeachment of judicial record.

Any judicial record may be impeached and the presumption arising therefrom overcome by evidence of a want of jurisdiction, collusion between the parties, or fraud in the party offering the record. The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties and, when a specific thing is the subject of the determination, over the thing.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 043 - Public Writings › Section 43.450 - Official records and files of United States Army, Navy and Air Force.

Relevant official records and files of the Departments of the Army, Navy and Air Force of the United States shall be accorded prima facie probative value in evidence before any court or agency in which there is an issue of fact as to the death or disappearance of any person while serving in or with the Armed Forces of the United States.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.090 - Protection of witness from arrest.

(1) Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other officer, is exonerated from arrest, in a civil case, while going to the place of attendance, necessarily remaining there and returning. The arrest of a witness contrary to this section is void, and when willfully made is a contempt of the court; and the officer making the arrest is responsible to the witness for double the amount of the damages which may be assessed against the officer, and is also liable in an action by the party serving the witness with the subpoena, for the damages sustained by that party in consequence of the arrest.
(2) But the officer is not liable in any way, unless the person claiming the exemption makes, if required, an affidavit stating:
(a) That the person has been served with a subpoena to attend as a witness before a court, judge or other officer, specifying the same, the place of attendance and the action, suit or proceeding in which the subpoena was issued; and
(b) That the person has not been served by the procurement of the person with the intention of avoiding an arrest.
(3) The affidavit may be taken by the officer and exonerates the officer from liability for not making the arrest, or for discharging the witness when arrested.
(4) The court, judge or officer before whom the attendance of the witness is required may discharge the witness from an arrest made in violation of this section.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.150 - Service of subpoena if witness concealed.

A sheriff, deputy or some person specially appointed by the sheriff, but none other, is authorized and required to break into any building or vessel in which a witness may be concealed to prevent the service of a subpoena, and serve it on the witness.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.240 - Production of witness confined in Department of Corrections institution.

(1) Whenever a court or judge makes an order for the temporary removal and production of a witness who is confined in a Department of Corrections institution within this state before a court or officer for the purpose of being orally examined this section applies. The superintendent of the institution shall, at the institution, deliver the witness to the sheriff of the county in which the court or judge making the order is located.
(2) The sheriff shall give the superintendent a signed receipt when taking custody of the witness under subsection (1) of this section. The sheriff shall be responsible for the custody of the witness until the sheriff returns the witness to the institution. Upon the return of the witness to the institution by the sheriff, the superintendent shall give a signed receipt therefor to the sheriff.
(3) When a witness is delivered to a sheriff under subsection (1) of this section, or at any time while the witness is in the custody of the sheriff as provided in subsection (2) of this section, the superintendent may give the sheriff a list of persons who may communicate with the witness or with whom the witness may communicate. Except as otherwise required by law, upon receipt of the list and while the witness is in the custody of the sheriff, the sheriff shall permit communication only between the witness and those persons designated by the list.
(4) The sheriff and neither the institution nor the Department of Corrections shall be liable for any expense incurred in connection with the witness while the witness is in the custody of the sheriff as provided in subsection (2) of this section. If the witness is a party plaintiff, the sheriff shall recover costs of the care of the witness from the plaintiff, and shall have a lien upon any judgment for the plaintiff. In all other cases, the sheriff and not the witness shall be entitled to the witness fees and mileage to which the witness would otherwise be entitled under ORS 44.415 (2), or other applicable law. [1955 c.523 §1; 1969 c.502 §2; 1973 c.836 §327; 1987 c.320 §13; 1987 c.606 §6; 1989 c.980 §3a]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.320 - Authority to take testimony and administer oath or affirmation.

Every court, judge, clerk of a court, justice of the peace, certified shorthand reporter as defined in ORS 8.415 or notary public is authorized to take testimony in any action or proceeding, as are other persons in particular cases authorized by statute or the Oregon Rules of Civil Procedure and is authorized to administer oaths and affirmations generally, and every such other person in the particular case authorized. [Amended by 1979 c.284 §81; 1989 c.1055 §13; 1997 c.249 §21]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.370 - Witness presumed to speak truth; jury judges of credibility.

A witness is presumed to speak the truth. This presumption, however, may be overcome by the manner in which the witness testifies, by the character of the testimony of the witness, or by evidence affecting the character or motives of the witness, or by contradictory evidence. Where the trial is by the jury, they are the exclusive judges of the credibility of the witness.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.415 - Fees and mileage of witnesses.

(1) Except as provided in subsection (2) of this section, a person is entitled to receive $30 for each day’s attendance as a witness and mileage reimbursement at the rate of 25 cents a mile if the person is required to travel from a place within or outside this state in order to perform duties as a witness. Total mileage reimbursement shall not exceed the necessary cost of transportation on reasonably available common carriers.
(2) In any criminal proceeding, any proceeding prosecuted by a public body or any proceeding where a public body is a party, a person is entitled to receive $5 for each day’s attendance as a witness and mileage reimbursement at the rate of eight cents a mile if the person is required to travel from a place within or outside this state in order to perform duties as a witness. Total mileage reimbursement shall not exceed the necessary cost of transportation on reasonably available common carriers.
(3) As used in this section, "public body" means any state, city, county, school district, other political subdivision, municipal corporation, public corporation and any instrumentality thereof. [1989 c.980 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.510 - Definitions for ORS 44.510 to 44.540.

As used in ORS 44.510 to 44.540, unless the context requires otherwise:
(1) "Information" has its ordinary meaning and includes, but is not limited to, any written, oral, pictorial or electronically recorded news or other data.
(2) "Medium of communication" has its ordinary meaning and includes, but is not limited to, any newspaper, magazine or other periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system. Any information which is a portion of a governmental utterance made by an official or employee of government within the scope of the official’s or employee’s governmental function, or any political publication subject to ORS 260.532, is not included within the meaning of "medium of communication."
(3) "Processing" has its ordinary meaning and includes, but is not limited to, the compiling, storing and editing of information.
(4) "Published information" means any information disseminated to the public.
(5) "Unpublished information" means any information not disseminated to the public, whether or not related information has been disseminated. "Unpublished information" includes, but is not limited to, all notes, outtakes, photographs, tapes or other data of whatever sort not themselves disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated. [1973 c.22 §2; 1979 c.190 §398; 2001 c.965 §18; 2005 c.797 §50]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.520 - Limitation on compellable testimony from media persons; search of media persons’ papers, effects or work premises prohibited; exception.

(1) No person connected with, employed by or engaged in any medium of communication to the public shall be required by a legislative, executive or judicial officer or body, or any other authority having power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise:
(a) The source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public; or
(b) Any unpublished information obtained or prepared by the person in the course of gathering, receiving or processing information for any medium of communication to the public.
(2) No papers, effects or work premises of a person connected with, employed by or engaged in any medium of communication to the public shall be subject to a search by a legislative, executive or judicial officer or body, or any other authority having power to compel the production of evidence, by search warrant or otherwise. The provisions of this subsection, however, shall not apply where probable cause exists to believe that the person has committed, is committing or is about to commit a crime. [1973 c.22 §3; 1979 c.820 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.530 - Application of ORS 44.520.

(1) ORS 44.520 applies regardless of whether a person has disclosed elsewhere any of the information or source thereof, or any of the related information.
(2) ORS 44.520 continues to apply in relation to any of the information, or source thereof, or any related information, even in the event of subsequent termination of a person’s connection with, employment by or engagement in any medium of communication to the public.
(3) The provisions of ORS 44.520 (1) do not apply with respect to the content or source of allegedly defamatory information, in civil action for defamation wherein the defendant asserts a defense based on the content or source of such information. [1973 c.22 §§4,5; 1979 c.820 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.545 - Expediting proceedings.

(1) Except as otherwise provided in subsection (2) of this section or except for good cause shown by either party, in any case where a child or a member of the family of the child is a victim of a crime and where a child under 18 years of age is called to give testimony, the court, consistent with the rules of civil or criminal procedure, shall expedite the action and insure that it takes precedence over any other. When determining whether or not to grant a continuance, the judge shall take into consideration the age of the child and the potential adverse impact the delay may have on the well-being of the child. The court shall make written findings of fact and conclusions of law when granting a continuance.
(2) The provisions of subsection (1) of this section do not apply to any juvenile proceeding other than the termination of parental rights. [1991 c.387 §1]
Note:
44.545 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 44 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.547 - Notice to court; accommodations.

(1) In any case in which a child under 12 years of age or a person with a developmental disability described in subsection (2) of this section is called to give testimony, the attorney or party who plans to call the witness must notify the court at least seven days before the trial or proceeding of any special accommodations needed by the witness. Upon receiving the notice, the court shall order such accommodations as are appropriate under the circumstances considering the age or disability of the witness. Accommodations ordered by the court may include:
(a) Break periods during the proceedings for the benefit of the witness.
(b) Designation of a waiting area appropriate to the special needs of the witness.
(c) Conducting proceedings in clothing other than judicial robes.
(d) Relaxing the formalities of the proceedings.
(e) Adjusting the layout of the courtroom for the comfort of the witness.
(f) Conducting the proceedings outside of the normal courtroom.
(2) For the purposes of this section, "developmental disability" means a disability attributable to mental retardation, autism, cerebral palsy, epilepsy or other disabling neurological condition that requires training or support similar to that required by persons with mental retardation, if either of the following apply:
(a) The disability originates before the person attains 22 years of age, or if the disability is attributable to mental retardation the condition is manifested before the person attains 18 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.
(b) The disability results in a significant subaverage general intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period. [1995 c.804 §1]
Note:
44.547 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 44 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.550 - Definitions for ORS 44.550 to 44.566.

As used in ORS 44.550 to 44.566:
(1) "Civil case" means any proceeding other than a criminal prosecution.
(2) "Law enforcement unit" means:
(a) The police department of a city;
(b) The sheriff’s department or other police organization of a county; or
(c) A police department established by a university under ORS 352.121 or 353.125.
(3) "Police officer" means an officer or member of a law enforcement unit who is employed full-time as a peace officer by the city or county and who is responsible for enforcing the criminal laws of this state.
(4) "Tribunal" means any person or body before which attendance of witnesses may be required by subpoena, including an arbitrator in arbitration proceedings. [1991 c.550 §1; 2011 c.506 §3; 2013 c.180 §4]
Note:
44.550 to 44.566 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 44 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.552 - Method of subpoenaing law enforcement personnel; subpoena to reflect whether expert opinion to be asked.

(1) Whenever a police officer or an employee of the Department of State Police is called as an expert witness in a civil case by a party by whom the officer or employee is not employed, a subpoena requiring attendance may be served by delivering a copy either to the officer or employee personally or to the officer’s or employee’s immediate superior.
(2)(a) A person causing a subpoena to be issued to compel the attendance of a police officer or an employee of the Department of State Police before a tribunal shall indicate on the face of the subpoena whether the person or the person’s representative intends to ask the expert opinion of the officer or employee as to any aspect of the proceedings.
(b) A police officer or an employee of the Department of State Police may not be required by a tribunal to give the officer’s or employee’s expert opinion on any matter before the tribunal unless the subpoena compelling the officer’s or employee’s presence indicates that the officer’s or employee’s expert opinion will be asked. [1991 c.550 §2; 2011 c.547 §22]
Note:
See note under 44.550.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.556 - Prepayment of expenses in certain cases required.

A police officer or an employee of the Department of State Police who is called as an expert witness in a civil case may demand the payment specified in ORS 44.554 (2) for one day, in advance, and when so demanded may not be compelled to attend until the payment is tendered. [1991 c.550 §4; 2011 c.547 §24]
Note:
See note under 44.550.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.558 - Payment for additional attendance beyond first day required in advance.

A police officer or an employee of the Department of State Police may not be ordered to return by the court or tribunal for subsequent proceedings beyond the day stated in the subpoena requiring the officer or employee to give the officer’s or employee’s expert opinion referred to in ORS 44.552 (2) or the day upon which the officer or employee appeared under ORS 44.562 (2), unless the party at whose request the subpoena was issued, or the party at whose request the officer or employee is ordered to return, shall first tender to the officer or employee the same sum required to be tendered with a subpoena in the first instance. [1991 c.550 §5; 2011 c.547 §25]
Note:
See note under 44.550.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.560 - Application to subpoenas for depositions.

ORS 44.552, 44.554 and 44.558 apply to subpoenas issued for the taking of depositions of police officers and employees of the Department of State Police. [1991 c.550 §6; 2011 c.547 §26]
Note:
See note under 44.550.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.562 - Party and law enforcement personnel may agree to modify time of appearance.

A police officer or an employee of the Department of State Police who has been subpoenaed under ORS 44.552 and 44.560 for the purpose of giving the officer’s or employee’s expert opinion, in lieu of attendance at the time specified in the subpoena, may agree with the party at whose request the subpoena was issued to appear at another time or pursuant to such notice as may be agreed upon. [1991 c.550 §7; 2011 c.547 §27]
Note:
See note under 44.550.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.564 - Right of action to recover payment due.

Whenever a police officer or an employee of the Department of State Police appears as an expert witness under ORS 44.550 to 44.566 and reimbursement is not made as provided for in ORS 44.550 to 44.566, the law enforcement unit by which the officer is employed or the Department of State Police, respectively, has standing to bring an action in order to recover the funds. [1991 c.550 §8; 2011 c.547 §28]
Note:
See note under 44.550.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 044 - Witnesses › Section 44.566 - Provisions not applicable if public body a party.

ORS 44.550 to 44.566 shall not apply to any proceeding in which a public body is a party. For the purposes of this section, "public body" has the meaning given in ORS 30.260. [1991 c.550 §9]
Note:
See note under 44.550.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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.
(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, or unsworn declaration under ORS 194.800 to 194.835, 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 45.130 - Production of affiant or declarant for cross-examination.

Whenever a provisional remedy has been allowed upon affidavit, a declaration under penalty of perjury as described in ORCP 1 E or an unsworn declaration under ORS 194.800 to 194.835, if the declarant is physically outside the boundaries of the United States, 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; 2013 c.218 §12]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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.
(3) As used in this section, "attorney" includes an associate member of the Oregon State Bar practicing law in the member’s approved scope of practice. [1999 c.942 §1; 2023 c.72 §35]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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 another law practitioner representing a party in the action; or
(d) An attorney for a person with a financial interest in the outcome of the action or another law practitioner representing 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; 2023 c.72 §36]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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.
(3) "Critical stage of the proceeding" has the meaning given that term in ORS 147.500.
(4) "Victim" has the meaning given that term in ORS 147.500. [1999 c.1041 §3; 2015 c.155 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 045 - Testimony Generally › Section 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, victim 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, 132.090 or 419C.285 if:
(a) The person has a conflict of interest with any of the parties, victims or witnesses in the proceeding;
(b) The person is unable to understand the judge, hearing officer, party, victim or witness, or cannot be understood by the judge, hearing officer, party, victim 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; 2015 c.155 §4]