Oregon Revised Statutes Chapter 136 § 136.580 — (2), criminal process authorizing or commanding the seizure or
Oregon Revised Statutes Chapter 136 ·
Oregon Code § 136.580·Enacted ·Last updated March 01, 2026
Statute Text
(2), criminal process authorizing or commanding the seizure or
production of papers, documents, records or other things may be issued to a
recipient, regardless of whether the recipient or the papers, documents,
records or things are located within this state, if:
(a) The criminal
matter is triable in Oregon under ORS 131.205 to 131.235; and
(b) The exercise
of jurisdiction over the recipient is not inconsistent with the Constitution of
this state or the Constitution of the United States.
(2) Criminal
process that authorizes or commands the seizure or production of papers,
documents, records or other things from a recipient may be served by:
(a) Delivering a
copy to the recipient personally; or
(b) Sending a
copy by:
(A) Certified or
registered mail, return receipt requested;
(B) Express mail;
or
(C) Facsimile or
electronic transmission, if the copy is sent in a manner that provides proof of
delivery.
(3) When criminal
process is served under subsection (2) of this section, the recipient shall
provide the applicant, or if the process is described in ORS 136.447 or 136.580
(2), the court, with all of the papers, documents, records or other things
described in the criminal process within 20 business days from the date the
criminal process is received, unless:
(a) The court,
for good cause shown, includes in the process a requirement for production
within a period of time that is less than 20 business days;
(b) The court,
for good cause shown, extends the time for production to a period of time that
is more than 20 business days; or
(c) The applicant
consents to a request from the recipient for additional time to comply with the
process.
(4) A recipient
who seeks to quash or otherwise challenge the criminal process must seek relief
from the court that issued the process within the time required for production.
The court shall hear and decide the issue as soon as practicable. The consent of
the applicant to additional time to comply with the process under subsection
(3)(c) of this section does not extend the date by which a recipient must seek
relief under this subsection.
(5) Criminal
process issued under this section must contain a notice on the first page of
the document that indicates:
(a) That the
process was issued under this section;
(b) The date
before which the recipient must respond to the process; and
(c) That the
deadline for seeking relief is not altered by the applicants consent to
additional time to respond to the process.
(6) Upon order of
the court or the written request of the applicant, the recipient of the process
shall verify the authenticity of the papers, documents, records or other things
that the recipient produces in response to the criminal process by providing an
affidavit, statement of authenticity or declaration that identifies the
custodian or other qualified person completing the document and attests to the
nature of the papers, documents, records or other things. An affidavit,
statement of authenticity or declaration that complies with this subsection
fulfills the requirements of ORS 40.460 (6), 40.505 and 132.320.
(7) A party that
intends to offer a paper, document, record or other thing into evidence under
this section must file written notice of that intention with the court and must
disclose the affidavit, statement of authenticity or declaration sufficiently in
advance of offering the paper, document, record or other thing into evidence to
provide the adverse party with an opportunity to challenge the affidavit,
statement of authenticity or declaration and to have that challenge determined
without prejudice to the ability of the moving party to produce the custodian
or other qualified person at trial. The written notice must include the contact
information for the custodian or other qualified person who signed the
document. A motion opposing admission of the paper, document, record or other
thing into evidence must be filed and determined by the court before trial and
with sufficient time to allow the party offering the paper, document, record or
other thing, if the motion is granted, to produce the custodian of the record
or other qualified person at trial, without creating a hardship on the party or
the custodian or other qualified person.
(8) Failure by a
party that receives notice under subsection (7) of this section to timely file
a motion opposing admission of the paper, document, record or other thing
constitutes a waiver of objection to the admission of the evidence on the basis
of the insufficiency of the affidavit, statement of authenticity or declaration
unless the court finds good cause to grant relief from the waiver. If the court
grants relief from the waiver, the court shall order the trial continued upon
the request of the proponent of the evidence and allow the proponent sufficient
time to arrange for the necessary witness to appear.
(9) A recipient
of criminal process under this section
Plain English Explanation
This Oregon statute addresses (2), criminal process authorizing or commanding the seizure or
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 136.580
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses (2), criminal process authorizing or commanding the seizure or
. Read the full statute text above for details.
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The formal citation is Oregon Code § 136.580. Use this format in legal documents and court filings.
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