72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 67
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Committee on
  Judiciary for Oregon Law Commission)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to evidence; amending ORS 45.400.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 45.400 is amended to read:
  45.400. (1) Upon motion of any party and for good cause shown,
the court may order that the testimony of the party or any
witness for the moving party be taken by telephone or by other
two-way electronic communication device in any civil
proceeding { +  or any proceeding under ORS chapter 419B + }.
  (2) A party filing a motion under this section must give
written notice to all other parties to the proceeding at least 30
days before the trial or hearing at which the telephone testimony
will be offered. The court may allow written notice less than 30
days before the trial or hearing for good cause shown.
  (3) Except as provided under subsection (4) of this section,
the court shall allow telephone testimony under this section upon
a showing of good cause. The court may not allow the use of
telephone testimony in any case if:
  (a) The ability to evaluate the credibility and demeanor of a
witness or party in person is critical to the outcome of the
proceeding;
  (b) The issue or issues the witness or party will testify about
are so determinative of the outcome that face-to-face
cross-examination is necessary;
  (c) A perpetuation deposition under ORCP 39 I is a more
practical means of presenting the testimony;
  (d) The exhibits or documents the witness or party will testify
about are too voluminous to make telephone testimony practical;
  (e) Facilities that would permit the taking of telephone
testimony are not available;
  (f) The failure of the witness or party to appear personally
will result in substantial prejudice to a party to the
proceeding; or
  (g) Other circumstances exist that require the personal
appearance of a witness or party.
  (4) The court may not allow use of telephone testimony in a
jury trial unless good cause is shown and there is a compelling
need for the use of telephone testimony.
 
 
 
Enrolled Senate Bill 67 (SB 67-INTRO)                      Page 1
 
 
 
  (5) The court may not prohibit the use of telephone testimony
solely by reason of the provisions of subsection (3)(e) of this
section if the party filing the motion establishes that
alternative procedures or technologies allow the taking of
telephone testimony.
  (6) A party filing a motion for telephone testimony under this
section must pay all costs of the telephone testimony, including
the costs of alternative procedures or technologies used for the
taking of telephone testimony. No part of those costs may be
recovered by the party filing the motions as costs and
disbursements in the proceeding.
  (7) Factors that a court may consider that would support a
finding of good cause for the purpose of a motion under this
section include:
  (a) The witness or party might be unavailable because of age,
infirmity or mental or physical illness;
  (b) The party filing the motion seeks to take the telephone
testimony of a witness whose attendance the party has been unable
to secure by process or other reasonable means;
  (c) A personal appearance by the party or witness would be an
undue hardship on the party or witness; or
  (d) Any other circumstances that constitute good cause.
  (8) This section does not apply to a workers' compensation
hearing or to any other administrative proceeding.
  (9) For purposes of this section, 'telephone testimony ' means
testimony given by telephone or by any other two-way electronic
communication device, including but not limited to satellite,
cellular or other interactive communication device.
                         ----------
 
 
Passed by Senate February 10, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 19, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 67 (SB 67-INTRO)                      Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 67 (SB 67-INTRO)                      Page 3