How to Fill Out and Serve an Oregon Subpoena Duces Tecum: Deadlines and Fees

A subpoena duces tecum in Oregon is a court order compelling a person or organization to produce documents, electronically stored information, or physical items for use in a civil case. Oregon Rule of Civil Procedure 55 sets the content, notice, and service rules, and the procedural steps around the form matter more than the form itself. Miss a notice deadline or forget the witness fee, and the subpoena can be quashed or simply ignored.

Who Can Issue One

An attorney of record for a party can issue a subpoena directly, with no court involvement. If you are representing yourself, ask the clerk of the court where your case is pending to issue it for you. When no clerk is available, a judge or justice of the court can issue one.¹

A clerk may hand you the subpoena in blank. If so, you fill in the witness name, items requested, date, and location before serving it.¹

What the Subpoena Must Say

Forms accepted in every Oregon circuit court are available through the Oregon Judicial Department, and local clerk offices may offer their own templates.² Whatever template you use, ORCP 55 requires the subpoena to include:

The court where the action is pending.
The case title and number.
A specific description of the documents, ESI, or tangible items you want. Vague wording invites objections, so identify records by type, date range, custodian, or subject matter.
A specific date, time, and location for production.
A statement of whether originals or true copies will satisfy the request.¹

If you want electronically stored information in a particular format, say so in the subpoena. Under ORCP 43 E, if you do not specify, the responding party may produce it in the form it is ordinarily kept or in another reasonably useful form. Metadata counts as ESI and is potentially discoverable.

Two Deadlines Before You Serve

When your subpoena only commands production of documents or things, with no requirement for the person to appear and testify, ORCP 55 C(3) builds in two separate waiting periods. Both trip up litigants regularly.

First, serve a copy of the subpoena on every other party who is not in default at least seven days before you serve it on the recipient. This window gives the other parties a chance to object or seek a protective order before the records custodian ever sees the request.¹

Second, the subpoena itself has to give the recipient at least 14 days to produce the materials, unless the court orders a shorter window.¹ Compressing either timeline without a court order risks having the subpoena quashed.

Serving the Subpoena

Service rules for a subpoena are looser than for a summons. Under ORCP 55 A(4), service may be made by a party, the party’s attorney, or any other person at least 18 years old.¹ You can serve it yourself, though a professional process server or sheriff’s deputy creates a cleaner record if compliance later becomes an issue.

Personal Delivery

If the subpoena requires the witness to appear and testify, hand it to the witness personally. For witnesses under 14, deliver it to the parent, guardian, or guardian ad litem.¹ Serve far enough in advance for the person to prepare and travel.

Service by Mail

A subpoena that only commands production of documents, with no appearance required, may be served by mail under ORCP 55 C(2).¹ That is a real convenience when the target is a record custodian or business. If the subpoena also requires appearance, mail service is valid only when the witness agrees, the attorney certifies the agreement, fee arrangements have been made, and the subpoena goes out more than 10 days before the appearance date by a method that produces a signed delivery receipt.

Witness Fees and Mileage

At the time of service, tender one day’s attendance fee plus mileage, unless the witness expressly declines payment. Under ORS 44.415, the civil witness fee is $30 per day plus $0.25 per mile of required travel, with mileage capped at the cost of transportation on reasonably available common carriers.³ A witness who was not tendered fees at service can disregard the subpoena.

Medical and Mental Health Records

Subpoenaing protected health information adds another layer under ORCP 55 D. Before serving the records custodian, make a good faith attempt to give the patient (or the patient’s attorney) written notice at least 14 days in advance. The patient has 14 days from that notice to object in writing.¹

If the subpoena directs delivery of the health information to the issuing attorney or party, serve a copy on the patient and every other party at least 14 days before service on the custodian. Sensitive categories such as HIV/AIDS information, mental health records, genetic test results, or drug and alcohol treatment records may also require a specific authorization form under Oregon law.⁴ Health information subpoenas are the most procedurally demanding kind, and missing any notice step is a reliable way to lose the records.

When the Recipient Pushes Back

Recipients have two ways to resist. A written objection may be served on the issuing party before the production deadline, and no later than 14 days after service. Serving the objection suspends the duty to produce; the issuer must then file a motion to compel if they want the records.¹

Alternatively, the recipient may file a motion to quash or modify the subpoena, served and filed no later than the production deadline. The court can quash or modify if it finds the request unreasonable and oppressive, or it can leave the subpoena in place and order the issuing party to pay the reasonable cost of production.¹ A protective order under ORCP 36 C is also available for trade secrets, confidential research, or commercially sensitive materials.⁵

If the Recipient Ignores It

Disobedience of a properly served subpoena, or refusal to be sworn or answer as a witness, may be punished as contempt of court. When the disobedient person is a party, the court may strike that party’s complaint, answer, or other pleading.¹

Contempt sanctions can be remedial or punitive. Remedial sanctions include compensation for losses caused by the contempt, confinement for up to six months or until the person complies (whichever is shorter), a daily fine of up to $500 or one percent of annual gross income (whichever is greater), and the other party’s attorney fees. Punitive sanctions include fines up to $500 or one percent of annual gross income per contempt, forfeiture of profits obtained through the contempt, and confinement up to six months.⁶

Proof of Service and Filing

After delivery, the server completes a certificate of service recording the date, time, method, location, and whether witness fees and mileage were tendered or declined, along with confirmation that the server is at least 18 years old. File the certificate with the clerk to create the official record. Oregon circuit courts use OJD eFile for filing and serving court documents.⁷ Attorneys are generally required to file electronically; self-represented litigants may file by mail, in person, or through the electronic system.⁸ Once the filing is processed, the recipient is officially on record as obligated to produce, and you have the documentation you need to pursue sanctions if they do not.

1
Oregon Public Law. Oregon Rules of Civil Procedure Rule 55 – Subpoena
2
Oregon Judicial Department. Forms Center
3
Oregon Public Law. Oregon Code 44.415 – Fees and Mileage of Witnesses
4
Oregon Public Law. Oregon Code 192.566 – Authorization Form
5
Oregon State Legislature. Oregon Rules of Civil Procedure
6
Oregon State Legislature. Oregon Code 33 – Contempt of Court
7
Oregon Judicial Department. OJD eFile
8
Oregon Judicial Department. File a Case