OAR 839-002-0040
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Duces Tecum

(1)

A subpoena duces tecum may be issued to any person who has custody, possession, or control of documents or other things named in the subpoena duces tecum when the conditions set out in OAR 839-002-0030 (Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Circumstances under Which a Subpoena May be Issued)(4) have been met.

(2)

A subpoena duces tecum issued to a corporation will be addressed to the records custodian of the corporation.

(3)

A subpoena duces tecum will not require production of documents or other things less than 14 days from the date of service upon the person required to produce and permit inspection of the documents or things unless the commissioner finds a shorter period necessary to protect the documents and things from destruction or if the Division has an immediate need for the documents or things being subpoenaed.

(4)

The commissioner may also command the person to whom a subpoena duces tecum is issued to produce documents and other things by mail or otherwise, at a time and place specified in the subpoena, without commanding inspection of the originals. The person to whom the subpoena is directed complies if the person produces copies of the specified items in the specified manner and certifies that the copies are true copies of all documents and other things responsive to the subpoena.

(5)

The subpoenaed documents and other things must be produced at the location, time, and date required in the subpoena.

Source: Rule 839-002-0040 — Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Duces Tecum, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-002-0040.

839‑002‑0001
Rulemaking: Purpose of Rules 839‑002‑0002
Rulemaking: Proposed Rule Notice 839‑002‑0005
Model Rules of Procedure 839‑002‑0015
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Authority 839‑002‑0020
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Definitions 839‑002‑0025
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Who and What May Be Subpoenaed 839‑002‑0030
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Circumstances under Which a Subpoena May be Issued 839‑002‑0035
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Who May Issue Subpoenas 839‑002‑0040
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Duces Tecum 839‑002‑0045
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Ad Testificandum 839‑002‑0050
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Service 839‑002‑0055
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Fees 839‑002‑0060
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Time 839‑002‑0065
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Response to Objections 839‑002‑0070
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Taking Testimony 839‑002‑0075
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Failure to Appear 839‑002‑0080
Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Enforcement of Subpoena
Last Updated

Jun. 8, 2021

Rule 839-002-0040’s source at or​.us