Oregon Statutes 419B.887 – Objections at depositions; effect of failure to make timely objection; errors and irregularities in transcript preparation
(1) As used in this section, ‘deposition’ means a deposition taken under ORS § 419B.884.
Terms Used In Oregon Statutes 419B.887
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Oath: A promise to tell the truth.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of a deposition unless the ground for the objection is one that might have been obviated or removed if presented before or during the taking of the deposition.
(3) Unless seasonable objection is made at the time the deposition is taken, the following are waived:
(a) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation or in the conduct of the parties; and
(b) Errors of any kind that might be obviated, removed or cured if promptly presented.
(4) Unless a motion to suppress the deposition or some part of the deposition is made with reasonable promptness after the error or irregularity is, or with due diligence might have been, ascertained, errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted and filed are waived. [2001 c.622 § 23]