(2) The sheriff shall give the superintendent a signed receipt when taking custody of the witness under subsection (1) of this section. The sheriff shall be responsible for the custody of the witness until the sheriff returns the witness to the institution. Upon the return of the witness to the institution by the sheriff, the superintendent shall give a signed receipt therefor to the sheriff.
(3) When a witness is delivered to a sheriff under subsection (1) of this section, or at any time while the witness is in the custody of the sheriff as provided in subsection (2) of this section, the superintendent may give the sheriff a list of persons who may communicate with the witness or with whom the witness may communicate. Except as otherwise required by law, upon receipt of the list and while the witness is in the custody of the sheriff, the sheriff shall permit communication only between the witness and those persons designated by the list.
(4) The sheriff and neither the institution nor the Department of Corrections shall be liable for any expense incurred in connection with the witness while the witness is in the custody of the sheriff as provided in subsection (2) of this section. If the witness is a party plaintiff, the sheriff shall recover costs of the care of the witness from the plaintiff, and shall have a lien upon any judgment for the plaintiff. In all other cases, the sheriff and not the witness shall be entitled to the witness fees and mileage to which the witness would otherwise be entitled under ORS 44.415 (2), or other applicable law. [1955 c.523 §1; 1969 c.502 §2; 1973 c.836 §327; 1987 c.320 §13; 1987 c.606 §6; 1989 c.980 §3a]
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.