Miller v. Miller
Miller v. Miller
Opinion of the Court
Husband appeals from a restraining order entered pursuant to the Abuse Prevention Act. ORS 107.700 et seq. He argues that the trial court erred when it ruled pretrial that he could not call witnesses other than himself.
The word “hearing” has a common meaning: It is a proceeding similar to a trial in which parties have a right to be heard and issues of fact or law are to be determined. See Black’s Law Dictionary 649 (5th ed 1979). Consequently, the word “hearing” contemplates the calling of witnesses. A fact germane to an issue under the statute may not be provable without testimony from a witness who is not a party. The legislature would not have intended to prohibit testimony necessary to effectuate the purposes of the statute. The trial court’s ruling was error.
Reversed and remanded.
Husband makes two other assignments of error, which we reject without discussion.
Reference
- Full Case Name
- Barbara E. MILLER, and John H. MILLER
- Cited By
- 4 cases
- Status
- Published