§ 136.420 Testimony to be given orally in court; exceptions

When someone testifies in a criminal case, they normally have to say it out loud, in person, in front of the judge and jury. This is the standard way witnesses share what they know in court.

There are two exceptions to this rule. First, if both sides in the case agree, a witness's testimony can be taken as a deposition instead of live testimony in court. This means the witness answers questions outside of the courtroom, and that recorded testimony can be used later. Second, another Oregon law (ORS 131.045) allows for other exceptions in certain situations.

For most people involved in a criminal case, this means witnesses will need to show up and testify in person. The exceptions only apply in specific circumstances, usually when both sides agree or when a separate law allows a different approach.