An Oregon subpoena form is the court-issued document that commands a nonparty to testify, produce records, or both, and Oregon Rule of Civil Procedure 55 (ORCP 55) sets what the form must say and how you deliver it. The statewide form is published by the Oregon Judicial Department (OJD) and accepted in every circuit court. Self-represented parties can complete it through the OJD Forms Center or the Guide & File system; an attorney of record can issue one directly, while a self-represented party asks the clerk of the court where the case is pending to issue a blank form. Always pull the current version before you fill it out.
What the Form Must Contain
ORCP 55 requires every subpoena to include four things: the originating court (the court where the case is pending), the full court and case information (court name, case title, case number), the specific command telling the recipient to appear, produce items, or both with the exact date, time, and location, and a notice informing the recipient of their right to witness fees and mileage.
If you are asking for documents, describe them precisely. Vague descriptions invite objections that can delay or defeat the request. For a standalone document subpoena served before a deposition, hearing, or trial, the form must also state whether originals or true copies will satisfy the request.
A single subpoena can combine a testimony command with a document command, and that is often more efficient than issuing two.
Who Can Issue and Who Can Serve
Two people can issue an Oregon subpoena: an attorney of record for a party, or the clerk of the court where the case is pending (on request from a self-represented party). The subpoena must originate from that court.
Service is more flexible than many people expect. Under ORCP 55 A(4), the subpoena can be served by the party, the party’s attorney, or any other person who is at least 18. Oregon does not require a disinterested third party for subpoena service. That rule is stricter for a summons, and the two are commonly confused.
Serving a Testimony Subpoena
If the subpoena commands someone to appear and testify, personal delivery is the default. For a witness age 14 or older, physically hand the subpoena and the required witness fees to the witness. For a witness under 14, deliver the subpoena and fees to the child’s parent, guardian, or guardian ad litem.
A witness can waive personal service and accept mail delivery, but all three of these conditions must be met:
- The attorney or agent certifies that the witness agreed to appear if subpoenaed.
- Satisfactory arrangements for fees and mileage have been made, or the witness declined payment.
- The subpoena was mailed at least 10 days before the appearance date by a method requiring a signed receipt, and the witness signed that receipt at least 3 days before the appearance date.
For a nonparty organization subpoenaed for a deposition, service follows the methods used for serving a summons under ORCP 7.
Serving a Document-Only Subpoena
A subpoena that commands only the production of documents can be served by mail. No personal delivery is required, which makes standalone document subpoenas noticeably easier to serve.
When the document subpoena is served before a deposition, hearing, or trial, three additional rules apply:
- Serve a copy on all non-defaulting parties in the case at least 7 days before you serve the person or organization holding the documents.
- Give the recipient at least 14 days to produce the items, unless the court orders less time.
- State on the form whether originals or true copies will satisfy the request.
Witness Fees and Mileage at Service
A subpoena is not enforceable unless you pay witness fees and mileage at the time of service. Skip this step and the recipient has grounds to ignore the subpoena.
Oregon uses two schedules. In a standard civil case between private parties, a nonparty witness receives $30 per day of attendance and 25 cents per mile for travel to and from the appearance location. In criminal cases or proceedings where a public body is a party, the rates drop to $5 per day and 8 cents per mile. Under either schedule, mileage reimbursement cannot exceed the cost of transportation on reasonably available common carriers.
Geographic Limits on Depositions
You cannot force a nonparty witness to travel across the state for a deposition. ORCP 55 limits where a deposition subpoena can require attendance:
- An Oregon-resident nonparty can only be required to attend in the county where they live, work, or regularly conduct business in person.
- A nonresident nonparty can only be required to attend in the county where they were personally served with the subpoena.
Either side can ask the court to designate a different location if circumstances justify it. Without a court order, those county-based limits apply.
Subpoenas for Medical or Health Records
A standard document subpoena is not enough to obtain confidential health information. ORCP 55 Section D covers any record that identifies a person and relates to their physical or mental health, the health care services they received, or the cost of that care. Before the records custodian can release those records, you must provide one of the following along with the subpoena:
- A qualified protective order that restricts use of the health information to the current litigation and requires all copies to be returned or destroyed when the case ends.
- A declaration or affidavit showing you made a good faith effort to give the patient (or their attorney) written notice at least 14 days before the production deadline; that the notice included a copy of the subpoena and enough detail about the litigation for the patient to object; and that either no objection was filed within 14 days or all objections were resolved consistently with the subpoena.
The patient (or their representative) has the right to inspect and copy any health information produced. After receiving the records, the attorney who served the subpoena must serve a copy of the subpoena on the patient and all other parties in the case.
If Your Case Is in Another State
If your underlying case is pending outside Oregon and you need testimony or documents from someone in Oregon, you cannot serve your out-of-state form here. Under ORCP 38 C, submit the foreign subpoena to the clerk of the circuit court in the Oregon county where the discovery will take place. The clerk assigns a local case number and issues an Oregon subpoena that meets ORCP 55’s form requirements and substantially matches the standard subpoena form. It can incorporate terms from the foreign subpoena as long as they do not conflict with Oregon’s rules, and it must list the names, addresses, and phone numbers of all attorneys of record in the out-of-state case and any unrepresented parties. Once issued, service follows the normal ORCP 55 rules.
Filing Proof of Service
After service, the server completes proof of service using the same method used to prove service of a summons under ORCP 7, with one difference: the server does not need to state that they are unconnected to the parties. File the proof of service with the court. Without it, enforcement is difficult if the witness fails to appear.
If the Recipient Ignores the Subpoena
Disobedience of a properly served subpoena, or refusing to be sworn in or answer questions, can be punished as contempt of court under ORCP 55. If the disobedient witness is a party to the case, the court can strike that party’s complaint, answer, or other pleading, which can effectively end their case. Oregon’s contempt statutes give courts broad authority to impose both remedial and punitive sanctions, including fines, confinement, and payment of the other party’s attorney fees.