Arraignment and Pretrial Provisions

ORS 135.085
Subpoenaing witnesses

(1)

The magistrate shall issue subpoenas for any witness within the state when requested by the district attorney or the defendant for the preliminary hearing.

(2)

If either party desires to subpoena more than five witnesses, application therefor shall be made in the manner provided in ORS 136.570 (Application for subpoenas for more than 10 witnesses). [Formerly 133.660; 1987 c.606 §1]

See annotations under ORS 133.660 in permanent edition.

§§ 135.070 to 135.185

Notes of Decisions

Under Oregon Constitution, person may be charged with felony either by grand jury indictment or by district attorney information after showing of probable cause at preliminary hearing, and it is within district attorney's discretion to decide which procedure to use so long as exercise thereof complies with Equality of Privileges Clause of Oregon Constitution. State v. Eells, 72 Or App 492, 696 P2d 564 (1985), Sup Ct review denied

Where defendant is initially charged by information, but later indicted, defendant does not retain right to preliminary hearing unless use of indictment was for improper purpose. State v. Marsh, 132 Or App 416, 888 P2d 580 (1995)

Source

Last accessed
Jun. 26, 2021

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