(2) Any subpoena that a defendant in a criminal action is entitled to have issued shall be issued:
(a) 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
(b) By an attorney of record of the defendant, and subscribed by the attorney.
(3) A prosecution for violation of ORS 813.010 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. [Formerly 139.050; 1977 c.746 §4; 1981 c.174 §1; 1987 c.606 §2; 1989 c.171 §17; 2007 c.581 §3]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Section 136.001 - Right to jury trial; waiver.
Section 136.005 - Challenge to jury panel.
Section 136.040 - When presence of defendant is necessary.
Section 136.060 - Jointly charged defendants to be tried jointly; exception.
Section 136.210 - Jury number; examination.
Section 136.220 - Challenge for implied bias.
Section 136.230 - Peremptory challenges.
Section 136.260 - Selection of alternate jurors; peremptory challenges.
Section 136.290 - Limit on custody of defendant prior to trial; release if limit exceeded.
Section 136.295 - Application of ORS 136.290; when extensions granted.
Section 136.325 - Jury not to be informed of and not to consider punishment that may be imposed.
Section 136.330 - Trial procedure; polling jurors in writing.
Section 136.420 - Testimony to be given orally in court; exceptions.
Section 136.427 - Confessions; corroboration not required; notice; hearing.
Section 136.432 - Limitation on court’s authority to exclude relevant evidence.
Section 136.433 - Proving previous conviction; stipulation; presentation to jury.
Section 136.434 - Challenge to validity of previous conviction.
Section 136.437 - Use of evidence in prosecution of prostitution offense.
Section 136.440 - Testimony of accomplice; corroboration; "accomplice" defined.
Section 136.447 - Medical records.
Section 136.450 - Number of jurors required for verdict.
Section 136.460 - Verdict where crime consists of degrees; lesser included offenses.
Section 136.535 - New trial; application of ORCP 64 F to motion in arrest of judgment.
Section 136.567 - Issuance of subpoena for witnesses for defendant; bar to dismissal.
Section 136.575 - Forms of subpoenas.
Section 136.580 - Subpoenas when books, papers or documents are required.
Section 136.595 - How subpoena is served; proof of service; service on law enforcement agency.
Section 136.600 - Certain civil procedures applicable in criminal context.
Section 136.603 - Payment of witness who is from outside state or is indigent.
Section 136.608 - Application procedure.
Section 136.611 - Court action upon receipt of application.
Section 136.612 - Hearing; security amount; vacation or modification of order.
Section 136.614 - Witness held in detention facility; payment.
Section 136.616 - Deposition to perpetuate testimony; procedure.
Section 136.619 - Immunity of witness compelled to testify.
Section 136.623 - Definitions.
Section 136.625 - Where witness material to proceeding in another state is in this state.
Section 136.627 - Where witness material to proceeding in this state is in another state.
Section 136.633 - Immunity of witness from arrest or service of process.
Section 136.655 - Spouse as witness.
Section 136.760 - Definitions for ORS 136.765 to 136.785.
Section 136.765 - Notice to defendant.
Section 136.770 - Enhancement fact related to offense.
Section 136.773 - Enhancement fact related to defendant.
Section 136.776 - Effect of waiver of right to jury trial.
Section 136.785 - Burden of proof; effect of finding.