Oregon Statutes 138.615 – Disclosure of witness information
(1) In any proceeding for post-conviction relief pursuant to ORS § 138.510 to 138.680, a party shall provide to the other party, upon written request of the other party or an order of the court, the identity of and, except as provided in subsection (5) of this section, the contact information for any person who is a potential witness, whether the person may be called to testify at the proceeding or provide sworn written testimony.
Terms Used In Oregon Statutes 138.615
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Unless otherwise ordered by the court, the disclosure required by subsection (1) of this section concerning any witness that a party may use at the proceeding to present evidence under ORS § 40.410, 40.415 or 40.420 must be accompanied by a written report that is prepared and signed by the witness. The report must contain:
(a) A complete statement of all opinions the witness intends to assert as an expert witness; and
(b) The data or other information considered by the witness in forming the opinions.
(3) The disclosures required by subsections (1) and (2) of this section must be made according to timelines established by the court in each case.
(4) Upon being apprised of any breach of the duty imposed under subsections (1) and (2) of this section, and after taking into account the reason, if any, for the breach and the prejudice, if any, to the other party, the court may grant a continuance, refuse to permit a witness not properly disclosed from testifying, refuse to receive in evidence the material not disclosed, impose costs incurred by the other party as a result of the breach or enter such other order as the court considers appropriate.
(5) Unless ordered by the court, the defendant shall not disclose to the petitioner any personal identifiers, as defined in ORS § 135.815, of the victim.
(6) Upon the request of either party, the court may enter a protective order as provided in ORS § 135.873. [2013 c.226 § 2]