ORS 136.617
Motion to compel witness who may be incriminated to testify

In any criminal proceeding before a court of record or in any proceeding before a grand jury, or in any proceeding before a court of record under ORS 646.760 (Civil penalties), or in any proceeding for the imposition of remedial or punitive sanction for contempt, if a witness refuses to testify or produce evidence of any kind on the ground that the witness may be incriminated thereby, the prosecuting attorney may move the court to order the witness to testify or produce evidence. The court shall forthwith hold a summary hearing at which the prosecuting attorney shall show reasonable cause to believe the witness possesses knowledge relevant to the proceeding, or that no privilege protects the evidence sought to be produced. The witness may show cause why the witness should not be compelled to testify or produce evidence. The court shall order the witness to testify regarding the subject matter under inquiry upon such showing of reasonable cause or shall order the production of evidence upon a finding that no privilege protects the evidence sought, unless the court finds that to do so would be clearly contrary to the public interest. The court shall hold the summary hearing outside the presence of the jury and the public and may require the prosecuting attorney to disclose the purpose of the testimony or evidence. The witness shall be entitled to be represented by counsel at the summary hearing. [Formerly 139.190; 1975 c.255 §14; 1981 c.882 §1; 1991 c.724 §25a]

Source: Section 136.617 — Motion to compel witness who may be incriminated to testify, https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html.

Notes of Decisions

Under this section, trial court finding at summary hearing that there is reasonable cause to believe witness possesses knowledge relevant to case requires entry of order that witness testify regarding subject matter under inquiry unless court finds that to do so would be clearly contrary to public interest. State ex rel Lasswell v. Sanders, 293 Or 41, 643 P2d 1273 (1982)

This section, in providing that summary hearing to determine whether witness in criminal case has constitutional right not to testify or produce evidence shall be conducted outside presence of jury and public, violates section 10, Article I of Oregon Constitution. Oregonian Publishing Co. v. O’Leary, 303 Or 297, 736 P2d 173 (1987)

This section is not independent source of authority to take testimony before witness has been called in normal course of trial or other proceeding. State v. Nefstad, 99 Or App 12, 781 P2d 358 (1989), Sup Ct review denied

When contemnor first indicated he would refuse to testify on Fifth Amendment grounds, he had right to counsel under this section. State v. Rogers/Jones, 102 Or App 424, 794 P2d 1245 (1990)

Law Review Citations

51 OLR 573-577 (1972)

136.001
Right to jury trial 136.005
Challenge to jury panel 136.010
When issue of fact arises 136.030
How issues are tried 136.040
When presence of defendant is necessary 136.050
Reasonable doubt as to degree of crime committed by defendant 136.060
Jointly charged defendants to be tried jointly 136.070
Postponement of trial 136.080
Deposition of witness as condition of postponement 136.090
Procedure for taking deposition 136.100
Filing and use of deposition 136.110
Commitment of defendant after release 136.120
Dismissal when prosecutor unready for trial 136.145
Setting of court dates when presence of victim required 136.210
Jury number 136.220
Challenge for implied bias 136.230
Peremptory challenges 136.240
Challenge of accepted juror 136.250
Taking of challenges 136.260
Selection of alternate jurors 136.270
Oath, conduct and attendance of alternate jurors at trial 136.280
Substitution of alternate for discharged juror 136.285
Priority in trial schedule for defendants in custody 136.290
Limit on custody of defendant prior to trial 136.295
Application of ORS 136.290 136.300
Time limit on appeals to circuit court 136.310
Function of court 136.320
Function of jury 136.325
Jury not to be informed of and not to consider punishment that may be imposed 136.330
Trial procedure 136.345
When attendance of woman officer is required 136.347
Appointment, duties and compensation of woman officer 136.415
Presumption of innocence 136.420
Testimony to be given orally in court 136.425
Confessions and admissions 136.427
Confessions 136.430
Civil laws of evidence in criminal trials 136.432
Limitation on court’s authority to exclude relevant evidence 136.433
Proving previous conviction 136.434
Challenge to validity of previous conviction 136.435
Admissibility of evidence from felony defendant not informed as required under ORS 135.070 136.437
Use of evidence in prosecution of prostitution offense 136.440
Testimony of accomplice 136.445
Motion for acquittal 136.447
Medical records 136.450
Number of jurors required for verdict 136.455
General verdict on plea of not guilty 136.460
Verdict where crime consists of degrees 136.465
Verdict where crime or attempt included within charge 136.470
Conviction or acquittal of one or more of several defendants 136.475
Verdict as to some of several defendants 136.480
Reconsideration of verdict when jury makes mistake as to law 136.485
Reconsideration of verdict which is not general verdict 136.490
Discharge of defendant upon acquittal 136.495
Proceedings after adverse general verdict 136.500
Motion in arrest of judgment 136.505
Effect of allowance of motion 136.515
Order when evidence shows guilt 136.525
Order when evidence is insufficient 136.535
New trial 136.555
Subpoena defined 136.557
Issuance of subpoena by magistrate for witnesses at preliminary examination 136.563
Issuance of subpoena by district attorney for witnesses before grand jury 136.565
Issuance of subpoena by district attorney for witnesses at trial 136.567
Issuance of subpoena for witnesses for defendant 136.570
Application for subpoenas for more than 10 witnesses 136.575
Forms of subpoenas 136.580
Subpoenas when books, papers or documents are required 136.583
Seizure or production of papers, documents or records from recipient 136.585
By whom subpoena is served 136.595
How subpoena is served 136.600
Certain civil procedures applicable in criminal context 136.602
Witness fees payable by county 136.603
Payment of witness who is from outside state or is indigent 136.608
Application procedure 136.611
Court action upon receipt of application 136.612
Hearing 136.614
Witness held in detention facility 136.616
Deposition to perpetuate testimony 136.617
Motion to compel witness who may be incriminated to testify 136.619
Immunity of witness compelled to testify 136.623
Definitions 136.625
Where witness material to proceeding in another state is in this state 136.627
Where witness material to proceeding in this state is in another state 136.633
Immunity of witness from arrest or service of process 136.635
Construction of ORS 136.623 to 136.637 136.637
Short title 136.643
Defendant as witness 136.645
Codefendant as witness 136.655
Spouse as witness 136.675
Conditions for use of testimony of persons subjected to hypnosis 136.685
Required explanations by law enforcement personnel to hypnosis subject 136.695
Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible 136.760
Definitions for ORS 136.765 to 136.785 136.765
Notice to defendant 136.770
Enhancement fact related to offense 136.773
Enhancement fact related to defendant 136.776
Effect of waiver of right to jury trial 136.780
Evidence 136.785
Burden of proof 136.790
Notice to defendant upon remand 136.792
Jury upon remand
Green check means up to date. Up to date

Current through early 2024

§ 136.617’s source at oregon​.gov