Oregon Statutes 136.567 – Issuance of subpoena for witnesses for defendant; bar to dismissal
(1) A defendant in a criminal action is entitled, at the expense of the state or city, to have subpoenas issued for not to exceed 10 witnesses within the state. A defendant is entitled, at the expense of the defendant, to have subpoenas issued for any number of additional witnesses without an order of the court. The defendant is responsible for the costs of serving the subpoenas and for the costs, as provided in ORS § 136.602, of witness per diem and mileage and for expenses allowed under ORS § 136.603.
Terms Used In Oregon Statutes 136.567
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Any subpoena that a defendant in a criminal action is entitled to have issued shall be issued:
(a) Upon application of the defendant, by the clerk of the court in which the criminal action is pending for trial, and in blank, under the seal of the court and subscribed by the clerk; or
(b) By an attorney of record of the defendant, and subscribed by the attorney.
(3) A prosecution for violation of ORS § 813.010 may not be dismissed based solely on the unavailability of a witness who was subpoenaed by the defendant to provide testimony with respect to an instrument that was used to test a person‘s breath, blood or urine to determine the alcoholic content of the person’s blood. This subsection does not apply to the subpoena of an officer or employee of a public body, as defined in ORS § 174.109. [Formerly 139.050; 1977 c.746 § 4; 1981 c.174 § 1; 1987 c.606 § 2; 1989 c.171 § 17; 2007 c.581 § 3]