Criminal Trials

ORS 136.611
Court action upon receipt of application


If, upon receipt of an application under ORS 136.608 (Application procedure), the court determines that the application is well founded, the court shall:


Enter an order directing the prospective witness to appear before the court at a designated time; or


Issue a warrant of arrest directing the sheriff to take the person into custody and bring the person before the court, if the application included facts establishing a reasonable belief that the prospective witness would not respond to an order to appear.


An order under subsection (1) of this section must inform the prospective witness of the purpose of the hearing and must be served in the manner provided in ORCP 7 for the service of a summons.


When the prospective witness appears before the court, the court shall inform the person:


Of the nature and purpose of the hearing; and


That the person has all of the rights of a person in a criminal proceeding including, but not limited to, the right to counsel, the right to appointed counsel at state expense if the person is unable to afford counsel and the right to call witnesses and have subpoenas issued.


The hearing may be postponed at the request of the prospective witness for the purpose of obtaining counsel. If the hearing is postponed, the court shall order the prospective witness to appear at a future time. In addition, the court may require the prospective witness to pay an amount to secure the person’s appearance. If the person refuses to comply with the order, the court shall commit the person to the jail of the county, or other appropriate detention facility, until the person complies or is discharged. [1995 c.657 §15]
Note: See note under 136.608 (Application procedure).


Last accessed
Mar. 11, 2023