Rule 24.070.Appearance at Hearings and Trial
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 24.070
Plain-English Summary
A petitioner in custody appears by simultaneous electronic transmission unless the court orders otherwise. That is the default for hearings and for trial, and it fits the way these cases are tried under UTCR 24.100, on the written record and without live testimony beyond the petitioner. If the petitioner is not in custody, or is released while the petition is pending, the petitioner must notify the court immediately and must appear at scheduled hearings and trial in person, at the courthouse. The duty to report a release sits on the petitioner, and it is easy to overlook in the weeks after getting out.
Counsel have a choice the petitioner does not. A lawyer may appear in person at the courthouse or by remote means in accordance with ORS 138.622.
Wherever the participants are, the proceeding has one location. Public access is provided at the circuit court where the petition is pending, and the proceeding is deemed to take place at that location. That settles which courtroom a member of the public goes to and which court the proceeding belongs to, even when everyone on the screen is somewhere else.
Witnesses come to that same circuit court unless the court orders otherwise, with three exceptions written into the rule: original trial counsel, appellate counsel, and law enforcement officers. If anyone needs a court interpreter, the request goes in under UTCR 7.070 and any Supplementary Local Rule adopted under it. Miss that step and the consequence falls on the party who missed it, which is responsibility for obtaining court-certified interpreter services at that party's own expense.
Frequently Asked Questions
Does a post-conviction petitioner in custody have to be brought to the courthouse?
No. Unless the court orders otherwise, a petitioner in custody appears by simultaneous electronic transmission. A party who wants the petitioner physically present has to ask the court for an order.
What if the petitioner is released while the post-conviction case is pending?
The petitioner must notify the court immediately and must then appear in person, at the courthouse, for scheduled hearings and trial. The release changes the way the petitioner attends, and the notice is the petitioner's obligation.
Can a lawyer appear remotely at a post-conviction hearing?
Yes. Counsel may appear in person at the courthouse or by remote means in accordance with ORS 138.622.
Where do witnesses appear in a post-conviction case?
At the circuit court where the petition is pending, unless the court orders otherwise. The rule excepts original trial counsel, appellate counsel, and law enforcement officers, who are the witnesses most likely to be scattered across the state.
How do I get an interpreter for a post-conviction hearing?
Request one under UTCR 7.070 and any Supplementary Local Rule adopted under that section, which means telling the court in the manner and within the time those rules require.
A party who does not comply becomes responsible for obtaining court-certified interpreter services at that party's own expense, so the request is worth making early.