Criminal Trials

ORS 136.575
Forms of subpoenas

Subpoenas authorized by ORS 136.557 (Issuance of subpoena by magistrate for witnesses at preliminary examination) to 136.567 (Issuance of subpoena for witnesses for defendant) shall be substantially in the following form:

(1)

By a magistrate:
IN THE NAME OF THE
STATE OF OREGON
(or CITY OF ______)
To A______ B______:
You are hereby commanded to appear before C. D., (adding the name of office and place of jurisdiction), at (naming the place), on (stating the day and hour), as a witness on the examination of a criminal charge against E. F. on behalf of (the state, city or the defendant, as the case may be).
Dated the ___ day of ______, 2___.
G. H.
(Adding the name of office and place of jurisdiction, as in the body of the subpoena.)

(2)

By the district attorney:
IN THE NAME OF THE
STATE OF OREGON
To A______ B______:
You are hereby commanded to appear before (the grand jury of the County of ______ or the Circuit Court for the County of ______, as the case may be), at (naming the place), on (stating the day and hour), as a witness (before the grand jury or in a criminal action prosecuted by the State of Oregon against E. F., as the case may be).
Dated the ___ day of ______, 2___.
G. H., District Attorney.

(3)

By the city attorney:
IN THE NAME OF THE
CITY OF ______
To A______ B______:
You are hereby commanded to appear before the Municipal Court for the City of ______, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the City of ______ against E. F.
Dated the ___ day of ______, 2___.
G. H., City Attorney.

(4)

By the clerk:
IN THE NAME OF THE
STATE OF OREGON
To A______ B______:
You are hereby commanded to appear before the Circuit Court for the County of ______ at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the State of Oregon against E. F. on behalf of the defendant.
Witness my name and the seal of said court, affixed at ______, the ___ day of ______, 2___.
G. H., Clerk.

(5)

By the clerk of a municipal court:
IN THE NAME OF THE
CITY OF ______
To A______ B______:
You are hereby commanded to appear before the Municipal Court for the City of ______ at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the City of ______ against E. F. on behalf of the defendant.
Witness my name and seal of said court, affixed at ______, the ___ day of ______, 2___.
G. H., Clerk.

(6)

By an attorney of record of a defendant:
IN THE NAME OF THE
STATE OF OREGON
(or CITY OF ______)
To A______ B______:
You are hereby commanded to appear before (the Circuit Court for the County of ______ or the Municipal Court for the City of ______, as the case may be) at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the (State of Oregon or the City of ______, as the case may be) against E. F. on behalf of the defendant.
Dated the ___ day of ______, 2___.
G. H., Attorney of Record of Defendant.
[Formerly 139.070; 1977 c.746 §6; 1981 c.174 §2]

See annotations under ORS 139.070 in permanent edition.

Source

Last accessed
Mar. 11, 2023

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