§ 136.090 Procedure for taking deposition

Here's what this rule means in simple terms.

If a witness gets permission to have their testimony recorded ahead of time instead of appearing in court (as described in ORS 136.080), the judge has to set up the details for how that will happen. The judge picks a specific date, time, and place for the deposition to take place.

The judge also decides who will actually run the deposition. This can be the judge themselves, or the judge can appoint another qualified person, called a commissioner, to handle it instead. Either way, someone official is in charge of making sure the deposition happens properly.

Finally, the rule allows for two ways to question the witness. Someone can ask questions out loud in person, or the questions can be written out ahead of time. Both methods are allowed under this rule, giving flexibility in how the witness's testimony gets collected.