Oregon Statutes 419C.343 – Depositions
(1) After the commencement of any proceeding in which a motion to waive has been filed, a party may move the court for an order allowing the taking of a deposition to perpetuate the testimony of a witness who is:
Terms Used In Oregon Statutes 419C.343
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) Outside of the jurisdiction of, or otherwise not subject to the process of, the court; or
(b) Unable to attend because of age, sickness, infirmity, imprisonment or undue hardship.
(2) The affidavit in support of the motion to take a deposition to perpetuate testimony, in addition to setting forth the reasons described in subsection (1)(a) and (b) of this section, shall also set forth:
(a) The reasons why the testimony of the witness sought to be deposed cannot be taken by telephone at the time of the hearing;
(b) Where the deposition is to be taken;
(c) The manner of recording the deposition; and
(d) A brief statement of the substance of the testimony that the witness is expected to give.
(3) If the court finds that taking a deposition will best promote the just, speedy and inexpensive resolution of one or more issues in the proceeding or that taking a deposition is necessary to meet the requirements of due process, the court shall grant the motion.
(4) If the motion is granted, the court may, in its discretion, set conditions regarding the time, place and method of taking the deposition.
(5) All objections to any testimony or evidence taken at the deposition shall be made at the time and noted upon the record. The court before which the testimony is offered shall rule on any objections before the testimony is offered. Any objection not made at the deposition is waived. [1993 c.546 § 81]