(b) Except as otherwise specifically provided by law, if a witness who is to be paid expenses pursuant to this subsection:
(A) Attends a grand jury, a circuit court or judge thereof, a judge of a county court or a justice of the peace, on behalf of the prosecution, payment shall be made by the county.
(B) Attends a municipal court or judge thereof on behalf of the prosecution, payment shall be made by the city.
(C) Attends a circuit court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the public defense services executive director.
(D) Attends a judge of the county court or a justice of the peace on behalf of a financially eligible defendant, payment shall be made by the county.
(E) Attends a municipal court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the city.
(F) Attends any court on behalf of a defendant who is not financially eligible, payment shall be made by the defendant, and the court shall so order.
(2) In the case of a prisoner of a jurisdiction outside of this state who is required to attend as a witness in this state, whether for the prosecution or the defense, the sheriff shall be responsible for transporting the witness to the proper court of this state, and the sheriff shall assume any costs incurred in connection with the witness while the witness is in the custody of the sheriff. However, the sheriff and not the witness shall be entitled to the witness fees, mileage and expenses to which the witness would otherwise be entitled under this section and ORS 136.627 or other applicable law. [Formerly 139.140; 1977 c.746 §8; 1981 s.s. c.3 §64; 1983 c.401 §2; 1987 c.606 §5; 1989 c.171 §19; 2001 c.962 §27]
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.