Criminal Trials

ORS 136.567
Issuance of subpoena for witnesses for defendant

  • bar to dismissal


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 (Witness fees payable by county), of witness per diem and mileage and for expenses allowed under ORS 136.603 (Payment of witness who is from outside state or is indigent).


Any subpoena that a defendant in a criminal action is entitled to have issued shall be issued:


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


By an attorney of record of the defendant, and subscribed by the attorney.


A prosecution for violation of ORS 813.010 (Driving under the influence of intoxicants) 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 (“Public body” defined). [Formerly 139.050; 1977 c.746 §4; 1981 c.174 §1; 1987 c.606 §2; 1989 c.171 §17; 2007 c.581 §3]

See also annotations under ORS 139.050 in permanent edition.

Notes of Decisions

Where witness testified at proceeding, defendant had right to compel third-party production of documentary materials having potential usefulness for cross-examination of witness. State v. Cartwright, 336 Or 408, 85 P3d 305 (2004)

Where person has been subpoenaed, obligation to give evidence includes production of handwriting exemplars. State v. Jackson, 223 Or App 429, 196 P3d 559 (2008)


Last accessed
Jun. 26, 2021