(a) Enter an order directing the prospective witness to appear before the court at a designated time; or
(b) 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.
(2) 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.
(3) When the prospective witness appears before the court, the court shall inform the person:
(a) Of the nature and purpose of the hearing; and
(b) 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.
(4) 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.
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.