USA Statutes : oregon
Title : TITLE 03 REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
Chapter : Chapter 44 Witnesses
It is the right of a witness to be protected from irrelevant,
insulting or improper questions, and from harsh or insulting demeanor.
The witness is to be detained only so long as the interests of justice
require. (1) Every person who has
been, in good faith, served with a subpoena to attend as a witness before
a court, judge, commissioner, referee or other officer, is exonerated
from arrest, in a civil case, while going to the place of attendance,
necessarily remaining there and returning. The arrest of a witness
contrary to this section is void, and when willfully made is a contempt
of the court; and the officer making the arrest is responsible to the
witness for double the amount of the damages which may be assessed
against the officer, and is also liable in an action by the party serving
the witness with the subpoena, for the damages sustained by that party in
consequence of the arrest.

(2) But the officer is not liable in any way, unless the person
claiming the exemption makes, if required, an affidavit stating:

(a) That the person has been served with a subpoena to attend as a
witness before a court, judge or other officer, specifying the same, the
place of attendance and the action, suit or proceeding in which the
subpoena was issued; and

(b) That the person has not been served by the procurement of the
person with the intention of avoiding an arrest.

(3) The affidavit may be taken by the officer and exonerates the
officer from liability for not making the arrest, or for discharging the
witness when arrested.

(4) The court, judge or officer before whom the attendance of the
witness is required may discharge the witness from an arrest made in
violation of this section. A sheriff, deputy
or some person specially appointed by the sheriff, but none other, is
authorized and required to break into any building or vessel in which a
witness may be concealed to prevent the service of a subpoena, and serve
it on the witness.     
(1) Whenever a court or judge makes an order for the
temporary removal and production of a witness who is confined in a
Department of Corrections institution within this state before a court or
officer for the purpose of being orally examined this section applies.
The superintendent of the institution shall, at the institution, deliver
the witness to the sheriff of the county in which the court or judge
making the order is located.

(2) The sheriff shall give the superintendent a signed receipt when
taking custody of the witness under subsection (1) of this section. The
sheriff shall be responsible for the custody of the witness until the
sheriff returns the witness to the institution. Upon the return of the
witness to the institution by the sheriff, the superintendent shall give
a signed receipt therefor to the sheriff.

(3) When a witness is delivered to a sheriff under subsection (1)
of this section, or at any time while the witness is in the custody of
the sheriff as provided in subsection (2) of this section, the
superintendent may give the sheriff a list of persons who may communicate
with the witness or with whom the witness may communicate. Except as
otherwise required by law, upon receipt of the list and while the witness
is in the custody of the sheriff, the sheriff shall permit communication
only between the witness and those persons designated by the list.

(4) The sheriff and neither the institution nor the Department of
Corrections shall be liable for any expense incurred in connection with
the witness while the witness is in the custody of the sheriff as
provided in subsection (2) of this section. If the witness is a party
plaintiff, the sheriff shall recover costs of the care of the witness
from the plaintiff, and shall have a lien upon any judgment for the
plaintiff. In all other cases, the sheriff and not the witness shall be
entitled to the witness fees and mileage to which the witness would
otherwise be entitled under ORS 44.415 (2), or other applicable law.
[1955 c.523 §1; 1969 c.502 §2; 1973 c.836 §327; 1987 c.320 §13; 1987
c.606 §6; 1989 c.980 §3a]
Every court, judge, clerk of a court, justice of the peace,
certified shorthand reporter as defined in ORS 8.415 or notary public is
authorized to take testimony in any action or proceeding, as are other
persons in particular cases authorized by statute or the Oregon Rules of
Civil Procedure and is authorized to administer oaths and affirmations
generally, and every such other person in the particular case authorized.
[Amended by 1979 c.284 §81; 1989 c.1055 §13; 1997 c.249 §21]



A witness is presumed to speak the truth. This presumption, however, may
be overcome by the manner in which the witness testifies, by the
character of the testimony of the witness, or by evidence affecting the
character or motives of the witness, or by contradictory evidence. Where
the trial is by the jury, they are the exclusive judges of the
credibility of the witness. (1) Except as provided in
subsection (2) of this section, a person is entitled to receive $30 for
each day’s attendance as a witness and mileage reimbursement at the rate
of 25 cents a mile if the person is required to travel from a place
within or outside this state in order to perform duties as a witness.
Total mileage reimbursement shall not exceed the necessary cost of
transportation on reasonably available common carriers.

(2) In any criminal proceeding, any proceeding prosecuted by a
public body or any proceeding where a public body is a party, a person is
entitled to receive $5 for each day’s attendance as a witness and mileage
reimbursement at the rate of eight cents a mile if the person is required
to travel from a place within or outside this state in order to perform
duties as a witness. Total mileage reimbursement shall not exceed the
necessary cost of transportation on reasonably available common carriers.

(3) As used in this section, “public body” means any state, city,
county, school district, other political subdivision, municipal
corporation, public corporation and any instrumentality thereof. [1989
c.980 §2]

(1) “Information” has its ordinary meaning and includes, but is not
limited to, any written, oral, pictorial or electronically recorded news
or other data.

(2) “Medium of communication” has its ordinary meaning and
includes, but is not limited to, any newspaper, magazine or other
periodical, book, pamphlet, news service, wire service, news or feature
syndicate, broadcast station or network, or cable television system. Any
information which is a portion of a governmental utterance made by an
official or employee of government within the scope of the official’s or
employee’s governmental function, or any political publication subject to
ORS 260.532, is not included within the meaning of “medium of
communication.”

(3) “Processing” has its ordinary meaning and includes, but is not
limited to, the compiling, storing and editing of information.

(4) “Published information” means any information disseminated to
the public.

(5) “Unpublished information” means any information not
disseminated to the public, whether or not related information has been
disseminated. “Unpublished information” includes, but is not limited to,
all notes, outtakes, photographs, tapes or other data of whatever sort
not themselves disseminated to the public through a medium of
communication, whether or not published information based upon or related
to such material has been disseminated. [1973 c.22 §2; 1979 c.190 §398;
2001 c.965 §18; 2005 c.797 §50](1) No person connected with, employed by or engaged in any
medium of communication to the public shall be required by a legislative,
executive or judicial officer or body, or any other authority having
power to compel testimony or the production of evidence, to disclose, by
subpoena or otherwise:

(a) The source of any published or unpublished information obtained
by the person in the course of gathering, receiving or processing
information for any medium of communication to the public; or

(b) Any unpublished information obtained or prepared by the person
in the course of gathering, receiving or processing information for any
medium of communication to the public.

(2) No papers, effects or work premises of a person connected with,
employed by or engaged in any medium of communication to the public shall
be subject to a search by a legislative, executive or judicial officer or
body, or any other authority having power to compel the production of
evidence, by search warrant or otherwise. The provisions of this
subsection, however, shall not apply where probable cause exists to
believe that the person has committed, is committing or is about to
commit a crime. [1973 c.22 §3; 1979 c.820 §1](1) ORS 44.520 applies regardless
of whether a person has disclosed elsewhere any of the information or
source thereof, or any of the related information.

(2) ORS 44.520 continues to apply in relation to any of the
information, or source thereof, or any related information, even in the
event of subsequent termination of a person’s connection with, employment
by or engagement in any medium of communication to the public.

(3) The provisions of ORS 44.520 (1) do not apply with respect to
the content or source of allegedly defamatory information, in civil
action for defamation wherein the defendant asserts a defense based on
the content or source of such information. [1973 c.22 §§4,5; 1979 c.820
§2] If the informant offers the
informant as a witness, it is deemed a consent to the examination also of
a person described in ORS 44.520 on the same subject. [1973 c.22 §6]
(1) Except as otherwise provided in
subsection (2) of this section or except for good cause shown by either
party, in any case where a child or a member of the family of the child
is a victim of a crime and where a child under 18 years of age is called
to give testimony, the court, consistent with the rules of civil or
criminal procedure, shall expedite the action and insure that it takes
precedence over any other. When determining whether or not to grant a
continuance, the judge shall take into consideration the age of the child
and the potential adverse impact the delay may have on the well-being of
the child. The court shall make written findings of fact and conclusions
of law when granting a continuance.

(2) The provisions of subsection (1) of this section do not apply
to any juvenile proceeding other than the termination of parental rights.
[1991 c.387 §1]Note: 44.545 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 44 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) In any case in which a
child under 12 years of age or a person with a developmental disability
described in subsection (2) of this section is called to give testimony,
the attorney or party who plans to call the witness must notify the court
at least seven days before the trial or proceeding of any special
accommodations needed by the witness. Upon receiving the notice, the
court shall order such accommodations as are appropriate under the
circumstances considering the age or disability of the witness.
Accommodations ordered by the court may include:

(a) Break periods during the proceedings for the benefit of the
witness.

(b) Designation of a waiting area appropriate to the special needs
of the witness.

(c) Conducting proceedings in clothing other than judicial robes.

(d) Relaxing the formalities of the proceedings.

(e) Adjusting the layout of the courtroom for the comfort of the
witness.

(f) Conducting the proceedings outside of the normal courtroom.

(2) For the purposes of this section, “developmental disability”
means a disability attributable to mental retardation, autism, cerebral
palsy, epilepsy or other disabling neurological condition that requires
training or support similar to that required by persons with mental
retardation, if either of the following apply:

(a) The disability originates before the person attains 22 years of
age, or if the disability is attributable to mental retardation the
condition is manifested before the person attains 18 years of age, the
disability can be expected to continue indefinitely, and the disability
constitutes a substantial handicap to the ability of the person to
function in society.

(b) The disability results in a significant subaverage general
intellectual functioning with concurrent deficits in adaptive behavior
that are manifested during the developmental period. [1995 c.804 §1]Note: 44.547 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 44 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.POLICE OFFICERS AS WITNESSES

(1) “Civil case” means any proceeding other than a criminal
prosecution.

(2) “Law enforcement unit” means the police department of a city or
the sheriff’s department or other police organization of a county.

(3) “Police officer” means an officer or member of a law
enforcement unit who is employed full-time as a peace officer by the city
or county and who is responsible for enforcing the criminal laws of this
state.

(4) “Tribunal” means any person or body before which attendance of
witnesses may be required by subpoena, including an arbitrator in
arbitration proceedings. [1991 c.550 §1]Note: 44.550 to 44.566 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 44 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) Whenever a police officer is
called as an expert witness in a civil case by a party by whom the
officer is not employed, a subpoena requiring attendance may be served by
delivering a copy either to the officer personally or to the officer’s
immediate superior.

(2) Any person causing a subpoena to be issued to compel the
attendance of a police officer before a tribunal shall indicate on the
face of that subpoena whether the person or the person’s representative
intends to ask the expert opinion of the officer as to any aspect of the
proceedings. A police officer shall not be required by a tribunal to give
the officer’s expert opinion on any matter before the tribunal unless the
subpoena compelling the officer’s presence indicates that the officer’s
expert opinion will be asked. [1991 c.550 §2]Note: See note under 44.550.(1) Any police officer who is obliged by a subpoena issued
pursuant to ORS 44.552 (2) to attend as an expert witness shall receive
the salary or other compensation to which the officer is normally
entitled from the law enforcement unit by which the officer is employed
during the time that the officer travels to and from the place where the
court or other tribunal is located and while the officer is required to
remain at that place pursuant to such subpoena. The officer shall also
receive from the law enforcement unit by which the officer is employed
the actual necessary and reasonable traveling expenses incurred in
complying with the subpoena.

(2) The party at whose request a subpoena is issued pursuant to ORS
44.552 (2) compelling the attendance of a police officer as an expert
witness shall reimburse the law enforcement unit by which the officer is
employed for the full cost to the law enforcement unit incurred in
reimbursing the officer as provided in subsection (1) of this section for
each day that the officer is required to remain in attendance pursuant to
the subpoena. The amount of $160 shall be tendered with any subpoena
issued under ORS 44.552 (2) to compel the attendance of a police officer
as an expert witness for each day that the officer is required to remain
in attendance pursuant to the subpoena. If the person causing the
issuance of a subpoena requiring the expert opinion of a police officer
makes arrangements with the officer and with the tribunal prior to the
issuance of the subpoena to take the testimony of the officer by
telephone, and testimony by telephone is otherwise allowed by the Oregon
Rules of Civil Procedure, the amount of $80 shall be tendered with the
subpoena for each day that the officer is required to testify pursuant to
the subpoena.

(3) If the actual expenses should later prove to be less than the
amount tendered, the excess of the amount tendered shall be refunded.

(4) If the actual expenses should later prove to be more than the
amount tendered, the difference shall be paid to the law enforcement unit
by which the officer is employed by the party at whose request the
subpoena is issued. However, no additional amounts shall be due unless,
within seven days after the final day on which the officer appears in the
proceedings, the law enforcement unit mails a statement to the party or
to the party’s attorney reflecting the additional amounts due.

(5) If a court or tribunal continues a proceeding on its own
motion, no additional expert witness fee may be required prior to the
issuance of a subpoena or the making of an order directing the officer to
appear on the date to which the proceeding is continued. [1991 c.550 §3]    
A police
officer who is called as an expert witness in a civil case may demand the
payment specified in ORS 44.554 (2) for one day, in advance, and when so
demanded shall not be compelled to attend until the payment is tendered.
[1991 c.550 §4]Note: See note under 44.550.A police officer shall not be ordered to return by the court
or tribunal for subsequent proceedings beyond the day stated in the
subpoena requiring the officer to give the officer’s expert opinion
referred to in ORS 44.552 (2) or the day upon which the officer appeared
under ORS 44.562 (2), unless the party at whose request the subpoena was
issued, or the party at whose request the officer is ordered to return,
shall first tender to the officer the same sum required to be tendered
with a subpoena in the first instance. [1991 c.550 §5]ORS 44.552, 44.554
and 44.558 apply to subpoenas issued for the taking of depositions of
police officers. [1991 c.550 §6]  
A police officer who has been subpoenaed under ORS 44.552 and
44.560 for the purpose of giving the officer’s expert opinion, in lieu of
attendance at the time specified in the subpoena, may agree with the
party at whose request the subpoena was issued to appear at another time
or pursuant to such notice as may be agreed upon. [1991 c.550 §7]Note: See note under 44.550. Whenever a police
officer appears as an expert witness under ORS 44.550 to 44.566 and
reimbursement is not made as provided for in ORS 44.550 to 44.566, the
law enforcement unit by which the officer is employed shall have standing
to bring an action in order to recover such funds. [1991 c.550 §8]
ORS 44.550
to 44.566 shall not apply to any proceeding in which a public body is a
party. For the purposes of this section, “public body” has the meaning
given in ORS 30.260. [1991 c.550 §9]