(2) Unless otherwise ordered by the court, the disclosure required by subsection (1) of this section concerning any witness that a party may use at the proceeding to present evidence under ORS 40.410, 40.415 or 40.420 must be accompanied by a written report that is prepared and signed by the witness. The report must contain:
(a) A complete statement of all opinions the witness intends to assert as an expert witness; and
(b) The data or other information considered by the witness in forming the opinions.
(3) The disclosures required by subsections (1) and (2) of this section must be made according to timelines established by the court in each case.
(4) Upon being apprised of any breach of the duty imposed under subsections (1) and (2) of this section, and after taking into account the reason, if any, for the breach and the prejudice, if any, to the other party, the court may grant a continuance, refuse to permit a witness not properly disclosed from testifying, refuse to receive in evidence the material not disclosed, impose costs incurred by the other party as a result of the breach or enter such other order as the court considers appropriate.
(5) Unless ordered by the court, the defendant shall not disclose to the petitioner any personal identifiers, as defined in ORS 135.815, of the victim.
(6) Upon the request of either party, the court may enter a protective order as provided in ORS 135.873. [2013 c.226 §2]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 138 - Appeals; Post-Conviction Relief
Section 138.005 - Definitions for ORS 138.010 to 138.310.
Section 138.035 - Appeal by defendant.
Section 138.045 - Appeal by state.
Section 138.057 - Appeal from judgment involving violation.
Section 138.071 - Time within which appeal must be taken.
Section 138.081 - Service and filing of notice of appeal.
Section 138.085 - Content requirements for certain notices of appeal.
Section 138.105 - Appeal by defendant.
Section 138.115 - Appeal by state.
Section 138.227 - Joint motion to vacate and remand.
Section 138.257 - Determination on appeal.
Section 138.261 - Time within which certain appeals must be decided.
Section 138.285 - Order staying execution of sentence.
Section 138.504 - Waiver of counsel; appointment of legal advisor.
Section 138.510 - Persons who may file petition for relief; time limit.
Section 138.525 - Dismissal of meritless petition.
Section 138.527 - Frivolous petition or response; attorney fees.
Section 138.550 - Availability of relief as affected by prior judicial proceedings.
Section 138.585 - Access to confidential jury records.
Section 138.590 - Petitioner may proceed as a financially eligible person.
Section 138.615 - Disclosure of witness information.
Section 138.625 - Victim testimony; contact with victim.
Section 138.627 - Victim’s rights.
Section 138.640 - Judgment; enforcement.
Section 138.665 - Remand for reconsideration of judgment or order; appeal.
Section 138.688 - Definitions.
Section 138.690 - Commencement of DNA testing proceedings; discovery.
Section 138.692 - Motion for DNA testing; declaration; court order; costs.
Section 138.694 - Appointed counsel.
Section 138.696 - Test results; motion for new trial.
Section 138.697 - Appeal of court order.
Section 138.698 - Effect of setting aside conviction on plea agreement.