Oregon Revised Statutes Chapter 136 § 136.625 — Where
Oregon Revised Statutes Chapter 136 ·
Oregon Code § 136.625·Enacted ·Last updated March 01, 2026
Statute Text
Where
witness material to proceeding in another state is in this state.
(1) If a judge of a court of
record in any state which by its laws has made provision for commanding persons
within that state to attend and testify in this state certifies under the seal
of such court that there is a criminal prosecution pending in such court, or
that a grand jury investigation has commenced or is about to commence, that a
person being within this state is a material witness in such prosecution, or
grand jury investigation, and that the presence of the person will be required
for a specified number of days, upon presentation of such certificate to any
judge of a court of record in the county in which such person is, such judge
shall fix a time and place for a hearing, and shall make an order directing the
witness to appear at a time and place certain for the hearing.
(2) If at a
hearing the judge determines that the witness is material and necessary, that
it will not cause undue hardship to the witness to be compelled to attend and
testify in the prosecution or a grand jury investigation in the other state,
and that the laws of the state in which the prosecution is pending, or grand
jury investigation has commenced or is about to commence, (and of any other
state through which the witness may be required to pass by ordinary course of
travel), will give to the witness protection from arrest and the service of
civil and criminal process, the judge shall issue a summons, with a copy of the
certificate attached, directing the witness to attend and testify in the court
where the prosecution is pending, or where a grand jury investigation has
commenced or is about to commence at a time and place specified in the summons.
In any such hearing the certificate shall be prima facie evidence of all the
facts stated therein.
(3) If said
certificate recommends that the witness be taken into immediate custody and
delivered to an officer of the requesting state to assure the attendance of the
witness in the requesting state, such judge may, in lieu of notification of the
hearing, direct that such witness be forthwith brought before the judge for
said hearing; and the judge at the hearing being satisfied of the desirability
of such custody and delivery, for which determination the certificate shall be
prima facie proof of such desirability may, in lieu of issuing subpoena or
summons, order that said witness be forthwith taken into custody and delivered
to an officer of the requesting state only after the tender of payment of the
mileage and per diem herein provided for.
(4) If the
witness, who is summoned as above provided, after being paid or tendered by
some properly authorized person the sum of 10 cents a mile for each mile by the
ordinary traveled route to and from the court where the prosecution is pending
and $5 for each day, that the witness is required to travel and attend as a
witness, fails without good cause to attend and testify as directed in the
summons, the witness shall be punished in the manner provided for the
punishment of any witness who disobeys a summons issued from a court of record
in this state. [Formerly 139.220]
Plain English Explanation
This Oregon statute addresses Where
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 136.625
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Where
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