rather than in person.

138.622 rather than in person.

����� (2) If the petition states a ground for relief, the court shall decide the issues raised and may receive proof by affidavits, depositions, oral testimony or other competent evidence. The burden of proof of facts alleged in the petition shall be upon the petitioner to establish such facts by a preponderance of the evidence. [1959 c.636 �12; 1996 c.4 �4; 2003 c.261 �4]

����� 138.622 Appearance by communication device. For the purpose of a court appearance under ORS 138.510 to 138.680, the court may approve the appearance of the parties, counsel for the parties or witnesses by telephone or other communication device approved by the court. However, the court may not approve the appearance of the petitioner or counsel for the petitioner by telephone or other communication device unless the facilities used enable the petitioner to consult privately with the petitioner�s counsel during the proceedings. [2003 c.261 �3]

����� 138.625 Victim testimony; contact with victim. (1) A petitioner in a post-conviction relief proceeding may not compel a victim to testify, either by deposition, hearing or otherwise, unless the petitioner moves for an order of the court allowing a subpoena.

����� (2) A copy of the motion for a subpoena under this section must be served on the counsel for the defendant.

����� (3) The court may not grant an order allowing a subpoena under this section unless the petitioner can demonstrate good cause by showing that:

����� (a) The victim�s testimony is material to the post-conviction relief proceeding;

����� (b) The testimony is favorable to the petitioner; and

����� (c) The testimony was not introduced at trial.

����� (4) If the court grants an order allowing a subpoena under this section, upon a request by the victim for no personal contact between the parties, the court may allow the victim to appear by telephone or other communication device approved by the court.

����� (5) If contacted by the petitioner or any agent of the petitioner, the victim must be clearly informed by the petitioner or other contacting agent, either in person or in writing, of the identity and capacity of the person contacting the victim, that the victim does not have to talk to the petitioner�s attorney, or other agents of the petitioner, or provide other discovery unless the victim wishes, and that the victim may have a district attorney, assistant attorney general or other attorney or advocate present during any interview or other contact.

����� (6) As used in this section, �victim� has the meaning given that term in ORS 135.970. [2007 c.470 �1; 2013 c.144 �2; 2019 c.399 �3]

����� Note: 138.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 138.627 Victim�s rights. (1) To accord crime victims due dignity and respect, a victim of a crime that is the subject of a petition for post-conviction relief filed under ORS 138.510 to