71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2375
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for Procedure and Practice section of Oregon State
  Bar)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to use of depositions at trial; amending ORS 45.250.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 45.250 is amended to read:
  45.250. (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 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
which 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; or
  (b) The witness is unable to attend or testify because of age,
sickness, infirmity or imprisonment; or
  (c) The party offering the deposition has been unable to
procure the attendance of the witness by subpoena; or
  (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
 
 
Enrolled House Bill 2375 (HB 2375-INTRO)                   Page 1
 
 
 
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. + }
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Passed by House February 22, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 11, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2375 (HB 2375-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2375 (HB 2375-INTRO)                   Page 3