DISCOVERY – PRETRIAL / §33.3
served a notice of taking deposition or has otherwise sought discovery, or if the person to be deposed will be unavailable after the time for appearance has expired. ORCP 39 A, C(2). II.
(§33.2) A.
B.
C.
III.
A recording or transcription of the testimony must be submitted to the witness for examination only when a request for submission to the witness is made at the time the deposition is taken, or by leave of the court when a request is made by a party or witness any time before trial. ORCP 39 F(1). The party who took the deposition must promptly serve all parties with notice of changes to the transcript made by the witness. The witness must make a written statement that the transcript or recording is correct subject to the changes within 30 days after the deposition was submitted to the witness. ORCP 39 F(2). If the statement is not made within the 30day period, the party taking the deposition must state on the transcription or in a writing to accompany the recording the fact of the waiver, or the physical incapacity or absence of the witness, or the fact of refusal of the witness to make the statement, together with the reasons, if any are given. ORCP 39 F(2). Objections to competency, relevancy, or materiality are not waived by failure to make them before or during deposition testimony, unless the ground for the objection might have been remedied if presented at the deposition. ORCP 41 C(1). •
Objections to the manner of taking the deposition, to the form of the questions or answers, to the oath or affirmation, or to the conduct of the parties are waived if not made at the taking of the deposition. ORCP 41 C(2).
•
Objections to irregularities in transcription or preparation of testimony are waived unless a motion to suppress is made with reasonable promptness after discovery of the defect. ORCP 41 D.
(§33.3) A.
Perpetuation of Testimony
After commencement of an action, any party may perpetuate the testimony of a witness for the purpose of trial by serving a perpetuation deposition notice. ORCP 39 I(1). •
B.
Corrections to Depositions
A perpetuation deposition must be taken not less than seven days before trial, and at least 14 days’ notice must be given. ORCP 39 I(4).
Objections to a perpetuation deposition must be made by motion pursuant to ORCP 36 C before the time set for the deposition. ORCP 39 I(3).
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