Effective January 1, 2002, the newly amended ORS 45.010 (via HB 2372) will permit a judge to allow video conferencing in civil trials with good cause shown where the party has filed a motion at least 30 days before trial (see HB 2372 by clicking on pink button below). Before this upcoming law, in Oregon, the only safe way to obtain video or telephone testimony during any jury trial is with consent of the opposing party. This is because the recently amended ORS 45.010 has provided for only five modes of taking testimony, including telephone examinations under ORS 45.400. ORS 45.400 provides for a proscribed procedure to obtain telephone or other two way electronic communication device in any nonjury civil proceeding, juvenile dependency proceeding or termination of parental rights proceeding. Also, ORS 45.040 provides: "An oral examination is an examination in the presence of a jury or tribunal which is to decide the fact, or act upon it, the testimony being heard by the jury or tribunal from the mouth of the witness." In State ex rel Juvenile Department v. Gates, 86 Or App 631 (1987), rev.denied, 305 Or 45 (1988), the Oregon Court of Appeals upheld the plain meaning of this statute: i.e. a trial judge has no discretion to allow telephone testimony at a jury trial; see also State v. Parker, 113 Or App 513 (1992). For federal trials, see FRCP 43(a) which permits video conferencing. |