Oregon Revised Statutes Chapter 136 § 136.447 — and 136.583 and subsection (2) of this section, a subpoena is served by
Oregon Revised Statutes Chapter 136 ·
Oregon Code § 136.447·Enacted ·Last updated March 01, 2026
Statute Text
and 136.583 and subsection (2) of this section, a subpoena is served by
delivering a copy to the witness personally. If the witness is under 14 years
of age, the subpoena may be served by delivering a copy to the witness or to
the witnesss parent, guardian or guardian ad litem. Proof of the service is
made in the same manner as in the service of a summons.
(2)(a) Every law
enforcement agency shall designate an individual or individuals upon whom
service of subpoena may be made. At least one of the designated individuals
shall be available during normal business hours. In the absence of the
designated individuals, service of subpoena pursuant to paragraph (b) of this
subsection may be made upon the officer in charge of the law enforcement
agency.
(b) If a peace
officers attendance at trial is required as a result of employment as a peace
officer, a subpoena may be served on such officer by delivering a copy
personally to the officer or to one of the individuals designated by the agency
that employs the officer. A subpoena may be served by delivery to one of the
individuals designated by the agency that employs the officer only if the
subpoena is delivered at least 10 days before the date the officers attendance
is required, the officer is currently employed as a peace officer by the
agency, and the officer is present within the state at the time of service.
(c) When a
subpoena has been served as provided in paragraph (b) of this subsection, the
law enforcement agency shall make a good faith effort to actually notify the
officer whose attendance is sought of the date, time and location of the court
appearance. If the officer cannot be notified, the law enforcement agency shall
contact the court and a continuance may be granted to allow the officer to be
personally served.
(d) As used in
this subsection, law enforcement agency means the Oregon State Police, a
county sheriffs department, a municipal police department, a police department
established by a university under ORS 352.121 or 353.125 or, if the witness
whose attendance at trial is required is an authorized tribal police officer as
defined in ORS 181A.940, a tribal government as defined in ORS 181A.940.
(3) When a
subpoena has been served as provided in ORS 136.583 or subsection (1) or (2) of
this section and, subsequent to service, the date on, or the time at, which the
person subpoenaed is to appear has changed, a new subpoena is not required to
be served if:
(a) The subpoena
is continued orally in open court in the presence of the person subpoenaed; or
(b) The party who
issued the original subpoena notifies the person subpoenaed of the change by
first class mail and by:
(A) Certified or
registered mail, return receipt requested; or
(B) Express mail.
[Formerly 139.100; 1977 c.789 §1; 1995 c.196 §3; 2005 c.298 §1; 2007 c.158 §1;
2009 c.364 §2; 2009 c.617 §3; 2011 c.644 §§20,65,72; 2013 c.180 §16,17; 2015
c.174 §8]
Plain English Explanation
This Oregon statute addresses and 136.583 and subsection (2) of this section, a subpoena is served by
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 136.447
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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