Courts and Judicial Officers Generally

ORS 1.010
Powers of courts in administration of court business and proceedings


Every court of justice has power:

(1)

To preserve and enforce order in its immediate presence.

(2)

To enforce order in the proceedings before it, or before a person or body empowered to conduct a judicial investigation under its authority.

(3)

To provide for the orderly conduct of proceedings before it or its officers.

(4)

To compel obedience to its judgments, orders and process, and to the orders of a judge out of court, in an action, suit or proceeding pending therein.

(5)

To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto.

(6)

To compel the attendance of persons to testify in an action, suit or proceeding pending therein, in the cases and manner provided by statute.

(7)

To administer oaths in an action, suit or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers or the performance of its duties. [Amended by 2003 c.576 §267]

Notes of Decisions

Power of court to control "all other persons in any manner connected with judicial proceeding before it" does not authorize court to order Children's Services Division to give defendant access to child witness in division's custody for purposes of pretrial interviews. State ex rel Roach v. Olsen, 295 Or 107, 663 P2d 767 (1983)

This section does not authorize court to compel out-of-court psychological examinations of witnesses. State v. Hiatt, 303 Or 60, 733 P2d 1373 (1987)

This section does not grant trial judge authority to order prosecutor to produce witness for pretrial interview. State ex rel Upham v. Bonebrake, 303 Or 361, 736 P2d 1020 (1987)

Chapter 1

Law Review Citations

53 OLR 436 (1974)


Source

Last accessed
Jun. 26, 2021