Or. Admin. Code § 839-011-0535
Current through Register Vol. 64, No. 1, January 1, 2025
Section 839-011-0535 - Method of Service(1) Except as noted in sections (2) and (3) of this rule, subpoenas must be served in person by delivering a copy to the witness personally and, at the same time, giving or offering to the witness the fees to which the person is entitled for travel to and from the place where the witness is commanded to appear, along with one (1) day's attendance fee. A subpoena may be served by any person 18 years of age or older. (2) Subpoenas ad testificandum may be served by mail under the following circumstances: (a) The Council must have, by personal or telephone contact, confirmed the witness's willingness to appear if subpoenaed and certify this on the return of service; (b) The Council made arrangements for payment to the witness of fees and mileage satisfactory to the witness and pays those fees and mileage; and (c) The subpoena is sent by certified mail to the witness more than ten (10) days before the date set for appearance or production of documents or other things and the Council receives a return receipt signed by the witness more than three (3) days prior to that date. (3) A subpoena duces tecum that commands production of documents or other things but is not accompanied by a subpoena ad testificandum may be served by mail by mailing the subpoena to the person required to produce and permit inspection of the documents or things by first class mail and by certified or registered mail, return receipt requested. (4) A subpoena duces tecum issued to a corporation will be served in accordance with requirements for service of summons on a corporation pursuant to ORCP 7 D(3)(b).Or. Admin. Code § 839-011-0535
BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10; BLI 15-2015, f. & cert. ef. 11/12/2015Stat. Auth.: ORS 660
Stats. Implemented: ORS 660.120(1)