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Oregon Revised Statutes

Or. Rev. Stat. § 136.080 (2026)

Deposition of witness as condition of postponement

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      136.080 Deposition of witness as condition of postponement. When an application is made for the postponement of a trial, the court may in its discretion require as a condition precedent to granting the same that the party applying therefor consent that the deposition of a witness may be taken and read on the trial of the case. Unless such consent is given, the court may refuse to allow such postponement for any cause.

Notes of Decisions
Cited in 12 cases, 1954–2020 · leading case: Davis v. Kelly, 461 P.3d 1043 (Or. Ct. App. 2020).
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Davis v. Kelly, 461 P.3d 1043 (Or. Ct. App. 2020). · cites it 5× ““So one of the things the state has let defense know, is that pursuant to ORS 136.080 would ask that before you order this trial altered or different than March, is that we perpetuate Mr.”
State v. Glushko, 266 P.3d 50 (Or. 2011). “Correspondingly, what is now ORS 136.080 provided: *308 “When an application is made for the postponement of a trial, the court may, in its discretion and in the furtherance of justice, require as a condition precedent to granting the same, that the party applying therefor…”
State Ex Rel. Gladden v. Lonergan, 269 P.2d 491 (Or. 1954). · cites it 2× “" The above provisions are now contained in ORS 136.080, 136.090, and 136.100. They were never amended except as to code section references.”
State v. Agee, 364 P.3d 971 (Or. 2015). “420 provides: “In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except: “(1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided…”
State v. Rascon, 346 P.3d 601 (Or. Ct. App. 2015). · cites it 3× “That statute provides: “In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except: “(1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as…”
State v. Lamphere, 378 P.2d 706 (Or. 1963). · cites it 2× “530 prescribes the manner in which testimony may be given in a criminal action as follows: “In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except in the case of a witness whose testimony is taken by deposition by…”
State Ex Rel. Harmon v. Blanding, 644 P.2d 1082 (Or. 1982). “It may include, but is not limited to, admissions by the defendant, stipulation of facts, stipulation that depositions of witnesses may be taken pursuant to ORS 136.080 to 136.100, payment of costs and restitution, performance of community service, residence in a halfway house…”
State v. McMullin, 346 P.3d 611 (Or. Ct. App. 2015). “That statute provides: “In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except: “(1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as…”
State v. Sondenna, 194 P.3d 817 (Or. Ct. App. 2008). “420 provides: “In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except in the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided in…”
State v. Crosby, 582 P.2d 40 (Or. Ct. App. 1978). “The state, pursuant to ORS 136.080, appeals a circuit court order suppressing the rifle and certain other evidence seized from defendant’s automobile by the Caldwell, Idaho, Police Department.”
State v. Agee (Or. 2015). “420 provides: “In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except: “(1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided…”
State v. Nefstad, 781 P.2d 358 (Or. Ct. App. 1989). “See ORS 136.080 to ORS 136.100; ORS 136.420. *15 The state then called defendant as a witness.”
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