IN THE CIRC UIT COURT FOR THE STATE OF OREGON FOR THE THIRD JUDICIAL DISTRICT PO Box 12869 Salem, Oregon 97309-0869 State of Oregon ) DEFENDANTS WAIVER OF ORAL Plaintiff ) TESTIMONY (Trial By Affidavit) v ) ) Case #_________________________ ____________________________ ) Defendant ) DUE BY_______________________ I have plead NOT GUILTY and I hereby waive my rights to have testimony presented in open Court and authorize testimony to be in the form of an affidavit. I realize by signing this waiver thatthe officer may file an affidavit and not appear in Court. I also realize that I need not appear in person,but may appear by affidavit. I further state my intentions as follows: I waive my right to be present at a hearing and declare that I will submit to the Court my affidavit containing my testimony and affidavits of witnesses, if any, to the Court within thirty (30) days of todays date, and if I fail to submit said affidavit within thirty (30) days, I authorize the Court to decide whether I am guilty or not guilty based upon the contents of my file. I understand the Court will also consider the officers affidavit in deciding whether I am guilty or not guilty. (Check here if the officer has asked to provide testimony by affidavit, you want to present your part of the case orally in Court and you are willing to waive your right to have the officer testify in person) I do not waive my right to be present at a hearing and request that I be notified of the date and time of the hearing. I waive my right to have the officers testimony presented orally in court. I CERTIFY THAT I HAVE READ THE ABOVE AND WAIVE MY RIGHT TO HAVE TEST IMONY PRESE NTED IN OPEN COURT. I REQUEST THAT THIS MATTER BE DECIDED AS STATED ABOVE. Dated: ______________________ ____________________________________________ Signature Print Name _____________________________________________________________________________ Mailing Address City, State, Zip Code Subscribed and sworn before me this ____ day of ________________, 20__. __________________________________ Notary Public/Deputy Court Administrator My Commission Expires: _________________ DEFENDANTS WAIVER OF ORAL TESTIMONY - Page 1 of 1 FC (2/22/04)