In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except:
(1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided in ORS 136.080 to 136.100; or
(2) As provided in ORS 131.045. [Formerly 136.530; 2009 c.219 §1]