(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:

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Terms Used In Oregon Statutes 45.142

  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109

(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]

 

[Repealed by 1955 c.611 § 13]

 

[1955 c.611 § 1; repealed by 1979 c.284 § 199]

 

[Repealed by 1955 c.611 § 13]

 

[1955 c.611 § 2; repealed by 1979 c.284 § 199]

 

[Repealed by 1955 c.611 § 13]

 

[1955 c.611 § 3; repealed by 1979 c.284 § 199]

 

[Renumbered 45.125]

 

[1955 c.611 § 5; repealed by 1977 c.358 § 12]

 

[1959 c.354 § 1; 1977 c.358 § 6; repealed by 1979 c.284 § 199]

 

[1955 c.611 § 6; 1977 c.358 § 7; repealed by 1979 c.284 § 199]

 

[1955 c.611 § 7; repealed by 1979 c.284 § 199]

 

[Repealed by 1955 c.611 § 13]

 

[Repealed by 1955 c.611 § 13]

 

[Repealed by 1979 c.284 § 199]

 

[Repealed by 1979 c.284 § 199]

 

(Use of Deposition)