2015 ORS 45.010¹
Modes of testimony

The testimony of a witness is taken by six modes:

(1) Affidavit.

(2) Deposition.

(3) Oral examination.

(4) Telephone examination under ORS 45.400 (Telephone testimony).

(5) Examination before a grand jury by means of simultaneous television transmission under ORS 132.320 (Consideration of evidence).

(6) Declaration under penalty of perjury, as described in ORCP 1 E, or unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act), 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]

Notes of Decisions

Testimony taken by telephone during trial was not deposi­tion but was oral examina­tion which ORS 45.040 (Oral examination described) requires to be "in the presence" of jury or tribunal which is to decide fact or act upon it, and it was error for court to allow telephonic testimony in absence of statute or procedural rule allowing it. State ex rel Juv. Dept. v. Gates, 86 Or App 631, 740 P2d 217 (1987), Sup Ct review denied

Where witness testifies in court that contents of written state­ment by witness are truthful, testimony is sufficient to make contents of state­ment part of evidentiary record for purpose of appellate review. Lowrance v. Trow, 225 Or App 250, 200 P3d 637 (2009)


1 Legislative Counsel Committee, CHAPTER 45—Testimony Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors045.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 45, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano045.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.