ORS 180.073
Subpoena authority in criminal investigation


(1)

In any criminal investigation conducted by the Attorney General, the Attorney General may execute in writing and serve a subpoena or subpoena duces tecum upon any person the Attorney General believes to have information or material relevant to the investigation. A subpoena may require that the person appear at a reasonable time and place stated in the subpoena and give oral testimony under oath concerning matters relevant to the investigation. A subpoena duces tecum may require, in addition to or in lieu of giving testimony, that the person produce designated books, papers, documents or tangible items that constitute or contain materials relevant to the investigation for examination, copying or reproduction. A subpoena duces tecum that only requires the production of materials must inform the person subpoenaed if the person must personally appear at the time and place designated in the subpoena.

(2)

A resident of this state may be required by subpoena to personally appear only in the county in which the person resides, is employed or personally transacts business. A person who is not a resident of this state may be required by subpoena to personally appear only:

(a)

In a county of this state in which the person is served with the subpoena; or

(b)

In the state, territory, insular possession subject to the dominion of the United States or foreign country in which the person resides. Any circuit court may issue a letter rogatory for the examination as provided in ORCP 38 B.

(3)

A person subpoenaed under this section may move to quash or modify the subpoena if it is oppressive or unreasonable. The motion must be made before the time specified in the subpoena for appearance or production of materials. The motion may be made in:

(a)

The circuit court for the county in which the person is required to appear or produce materials;

(b)

The circuit court for the county in which the subpoenaed person resides or has a principal office; or

(c)

The circuit court for the county in which materials to be produced under a subpoena duces tecum are located.

(4)

A person who is subpoenaed under this section and who fails to appear or produce materials as required by the subpoena, or who refuses to be sworn or give testimony, may be found to be in contempt of court. Proceedings to hold a person in contempt under this subsection may be brought in any county where the person could be required to personally appear under subsection (2) of this section.

(5)

ORS 136.585 (By whom subpoena is served) to 136.600 (Certain civil procedures applicable in criminal context) apply to any subpoena issued pursuant to this section. [1993 c.473 §2]
Note: 180.073 (Subpoena authority in criminal investigation) and 180.075 (Disclosure of information obtained under subpoena) were added to and made a part of ORS chapter 180 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 180.073 — Subpoena authority in criminal investigation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors180.­html.

180.010
Office of Attorney General
180.020
Election
180.030
Filing certificate of election or appointment
180.040
Governor to fill vacancy by appointment
180.050
Location of office
180.060
Powers and duties of Attorney General
180.070
Power of Attorney General to conduct investigations and prosecutions
180.073
Subpoena authority in criminal investigation
180.075
Disclosure of information obtained under subpoena
180.080
Attorney General to manage criminal proceedings in court or before grand jury at request of Governor
180.090
Investigations and special prosecutions
180.095
Department of Justice Protection and Education Revolving Account
180.096
Use of Countrywide Financial Corporation settlement proceeds
180.100
Legislative bills
180.110
Keeping copies of opinions and records of cases
180.120
Defending in criminal proceedings for Oregon State Police or member thereof
180.125
Intergovernmental road maintenance agreements
180.130
Deputy Attorney General
180.140
Other assistants
180.150
Clerks
180.160
Charges for services to public agencies
180.170
Billing for services to public agencies
180.180
Department of Justice Operating Account
180.190
Department of Justice Current Expense Account
180.200
Department of Justice Client Trust Account
180.205
Tobacco Enforcement Fund
180.210
Department of Justice
180.220
Powers and duties
180.225
Attorney General representing public bodies in antitrust proceedings
180.230
Compensation not allowed state departments for attorney services
180.235
Authority of agency to employ counsel
180.240
Attorney General and Department of Justice to have powers and prerogatives of district attorneys
180.260
Service of process by department employees
180.265
Authority of department to delegate certain duties to employees of Department of Revenue
180.267
Authority of Department of Justice to require fingerprints
180.269
Biennial litigation reports to Legislative Assembly
180.320
Cooperation with division in enforcement
180.330
District attorneys not relieved from duties relating to enforcement of support laws
180.340
Division of Child Support established
180.345
Child Support Program
180.350
Investigators to have authority of peace officers
180.360
Division exempt from payment of certain court fees
180.365
Child Support Suspense Fund
180.380
Disclosure of information to authorized persons
180.400
Legislative findings
180.405
Definitions
180.410
Manufacturer certification
180.415
Nonparticipating manufacturer certification
180.416
Nonparticipating manufacturer bond
180.420
Document retention period
180.425
Attorney General’s directory
180.430
Nonresident nonparticipating manufacturer service agent
180.435
Distributor obligations
180.440
Prohibited conduct
180.441
Prohibited shipping
180.445
Quarterly escrow deposits
180.448
Attorney General investigative demand
180.450
Judicial review
180.451
Civil remedies for violation of ORS 180.441
180.455
Revocation or suspension of distributor license
180.465
Legislative findings
180.468
Definitions
180.471
Manufacturer certification
180.474
Nonparticipating manufacturer certification
180.477
Attorney General’s directory
180.480
Nonresident nonparticipating manufacturer service agent
180.483
Distributor obligations
180.486
Prohibited conduct
180.489
Quarterly escrow deposits
180.491
Judicial review
180.494
Revocation or suspension of distributor license
180.500
Grants for training for groups and agencies that interact with persons who have experienced trauma
180.510
Functions of Department of Justice
180.520
Duties of department
180.540
Review of consumer contracts for conformity with plain language standards
180.545
Plain language standards
180.550
Compliance statement
180.555
Exemptions
180.600
Definitions
180.610
Investigation of organized criminal activity
180.620
Investigators to have authority of peace officers
180.630
Acceptance of federal grant of funds
180.640
Criminal Justice Revolving Account
180.700
Advisory committee
180.710
Program reviews
180.720
Hope Card Program
180.750
Definitions
180.755
Prohibited acts
180.760
Civil action for violation
180.765
Statute of limitation
180.770
Estoppel
180.775
Investigative demand
180.780
Distribution of recovered amounts
180.785
Remedy not exclusive
180.805
Prohibited involvement of public bodies in federal immigration law enforcement
180.810
Model confidentiality policy
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