(2) But the officer is not liable in any way, unless the person claiming the exemption makes, if required, an affidavit stating:
(a) That the person has been served with a subpoena to attend as a witness before a court, judge or other officer, specifying the same, the place of attendance and the action, suit or proceeding in which the subpoena was issued; and
(b) That the person has not been served by the procurement of the person with the intention of avoiding an arrest.
(3) The affidavit may be taken by the officer and exonerates the officer from liability for not making the arrest, or for discharging the witness when arrested.
(4) The court, judge or officer before whom the attendance of the witness is required may discharge the witness from an arrest made in violation of this section.
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 44.090 - Protection of witness from arrest.
Section 44.240 - Production of witness confined in Department of Corrections institution.
Section 44.415 - Fees and mileage of witnesses.
Section 44.510 - Definitions for ORS 44.510 to 44.540.
Section 44.530 - Application of ORS 44.520.
Section 44.545 - Expediting proceedings.
Section 44.547 - Notice to court; accommodations.
Section 44.550 - Definitions for ORS 44.550 to 44.566.
Section 44.556 - Prepayment of expenses in certain cases required.
Section 44.558 - Payment for additional attendance beyond first day required in advance.
Section 44.560 - Application to subpoenas for depositions.
Section 44.562 - Party and law enforcement personnel may agree to modify time of appearance.
Section 44.564 - Right of action to recover payment due.
Section 44.566 - Provisions not applicable if public body a party.