(2) However, upon motion of any person interested in the estate filed within 30 days from the date the personal representative first delivers or mails information under ORS 113.145 (1), the court may require that the witness making the affidavit be brought before the court. If the witness is outside the reach of a subpoena, the court may order that the deposition of the witness be taken.
(3) If the evidence of none of the attesting witnesses is available, the court may allow proof of the will by testimony or other evidence that the signature of the testator or at least one of the witnesses is genuine.
(4) In the event of contest of the will or of probate of the will in solemn form, proof of any facts shall be made in the same manner as in an action tried without a jury. [1969 c.591 §85; 1979 c.284 §105; 2017 c.169 §11]