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Oregon Revised Statutes

Or. Rev. Stat. § 153.080 (2026)

Testimony by affidavit or declaration

✓ current as of May 2026
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      153.080 Testimony by affidavit or declaration. (1) Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit or declaration of a witness in lieu of taking the testimony of the witness orally and in court. The authority granted under this section is subject to all of the following:

      (a) Testimony may not be presented by affidavit or declaration under the provisions of this section unless the court has adopted rules providing procedures for the introduction and use of testimony by affidavit or declaration.

      (b) The court shall allow testimony by affidavit or declaration under this section only upon receiving a signed statement from the defendant waiving the right to have the testimony presented orally in court.

      (c) Testimony by affidavit or declaration under this section is not subject to objection as hearsay.

      (d) A statement signed by the defendant under paragraph (b) of this subsection does not constitute a waiver of trial unless the affidavit or declaration specifically so provides.

      (e) Nothing in this section requires that the defendant or any other witness waive the right to appear if other testimony is introduced by affidavit or declaration as provided in this section.

      (2) As used in this section, “declaration” means a declaration under penalty of perjury in the form required by ORCP 1 E. [1999 c.1051 §22; 2015 c.121 §2]

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2004–2021 · leading case: Eslamizar, 23 I. & N. Dec. 684 (BIA 2004).
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Eslamizar, 23 I. & N. Dec. 684 (BIA 2004). “Or. Rev. Stat. § 153.080 (2) (2003). A defendant also has the right to appeal the judgment of the court.”
Much v. Doe, 493 P.3d 38 (Or. Ct. App. 2021). “” Plaintiff’s first assignment on appeal asserts: “The trial court erred as a matter of law in considering declarations and attached exhibits that was [sic] not under penalty of perjury as required by ORCP 1 E,2 OEC 603, and ORS 153.080, in setting aside the order of default.”
State v. Avera, 145 P.3d 288 (Or. Ct. App. 2006). · cites it 5× “The basis for defendant’s contention that the court erred in admitting Davie’s affidavit is ORS 153.080, which, in pertinent part, provides: “Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit of a…”
Or. Rev. Stat. § 153.080(2): 1 case
State v. Avera, 145 P.3d 288 (Or. Ct. App. 2006). “The basis for defendant’s contention that the court erred in admitting Davie’s affidavit is ORS 153.080, which, in pertinent part, provides: “Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit of a…”
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