Oregon Statutes 419B.918 – Manner of appearance
(1) Notwithstanding ORS § 419B.815, 419B.816, 419B.819 and 419B.820, on timely written motion of a person showing good cause, a court may permit the person, instead of appearing personally, to participate in any hearing related to a petition alleging jurisdiction under ORS § 419B.100, a petition to establish a permanent guardianship under ORS § 419B.365 or a petition seeking termination of parental rights under ORS § 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 in any manner that complies with the requirements of due process including, but not limited to, telephonic or other electronic means.
Terms Used In Oregon Statutes 419B.918
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Summons: Another word for subpoena used by the criminal justice system.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) If a person who is summoned or ordered to appear under ORS § 419B.815, 419B.816, 419B.819 or 419B.820 seeks to reschedule any hearing at which the person is required to appear, the person must:
(a) Appear personally at the time specified in the summons or order to request the change; or
(b) Include in the person’s written motion requesting the change the person’s current mailing address, to which the court may send notice of the new date for the hearing if the motion is granted.
(3) In any proceeding that involves the interstate placement of a child or ward, the court may:
(a) Permit a party from outside this state to provide information, testify or otherwise participate in the proceeding in any manner the court designates, provided the party complies with subsection (1) of this section, if applicable;
(b) Permit an attorney from outside this state representing any party to participate in the proceeding in any manner the court designates; and
(c) Obtain information or testimony in any manner the court designates from a state or private agency located in another state.
(4)(a) Notwithstanding subsections (1) and (3) of this section, a party to a proceeding involving an Indian child may move the court to permit the party or any witness for the moving party to participate remotely or to provide remote location testimony.
(b) Subject to ORS § 45.400, the court may allow the moving party or a witness for the moving party to give remote location testimony.
(c) If the moving party will not be providing testimony and if facilities are available that would permit the moving party to participate remotely, the court shall allow the moving party to participate remotely.
(d) As used in this subsection:
(A) ‘Participate remotely’ means to participate, other than by testifying, from a physical location outside of the courtroom of record via simultaneous electronic transmission.
(B) ‘Remote location testimony’ has the meaning given that term in ORS § 45.400.
(C) ‘Simultaneous electronic transmission’ means television, telephone or any other form of electronic communication transmission if the form of transmission allows the court, the attorneys and the party participating remotely to communicate with each other during the proceeding. [2003 c.205 § 13 (enacted in lieu of 419B.917); 2007 c.497 § 9; 2007 c.611 § 10; 2020 s.s.1 c.14 § 42]