Oregon
The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of Oregon:
The party seeking the subpoena must comply with the following state statutes:
Click here for Oregon Rules of Civil Procedure, Foreign deposition – Rule 38
Serving the subpoena –
Click here for Rule 55 of Oregon Rules of Civil Procedure
Oregon sample subpoena form:
Click here for Oregon Sample Subpoena Form
Click here for Oregon Courts Main Forms Website
Required Steps:
- When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
- When a party or attorney submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure and requirements, shall assign a case number and promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed. If a party to an out-of-state proceeding retains an attorney licensed to practice in this state, that attorney may assist the clerk in drafting the subpoena.
- A subpoena under this subsection shall conform to the requirements of the Oregon Rules of Civil Procedure, including Rule 55, and conform substantially to the form provided in Rule 55 A but may otherwise incorporate the terms used in the foreign subpoena as long as those terms conform to these rules; and
- Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
- A subpoena issued by a clerk of court under this rule shall be served in compliance with Rule 55 of ORCP.
Witness fees:
As per Oregon Revised Statute 44.415, witness fees are $30 per day and .25 per mile.
Notice time:
As per ORCP Rule 55, a subpoena must allow for a reasonable amount of time for preparation and to travel to the place of attendance.
Notice to adverse parties:
As per ORCP Rule 39, a party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.