how to domesticate a foreign subpoena in oregon
A subpoena to appear in court may be issued by the attorney of record for a party to the case as per the UIDDA Oregon regulations. A subpoena may be obtained from the clerk of the court where the UIDDA and Oregon matter is underway. Subpoenas are served with a blank space for the asking party to fill out. The clerk of the court in the county where the witness is to be questioned may issue a subpoena to attend and testify in a foreign deposition.
A subpoena to attend and provide testimony in an administrative or out-of-court action may be issued by a judge, a justice, or an authorized official presiding over the procedure. Anyone over eighteen may serve a subpoena, not only the party or their lawyer.
If a witness is required to come and testify by subpoena, they must do so and stay until the testimony is complete, regardless of how long that may take. A witness's duty to present at the hearing is conditional on payment of UIDDA and Oregon matter fees and mileage at the time the subpoena is issued unless the witness specifically denies such payment. Each day's attendance concludes with the witness's right to request payment of legal witness fees and travel for the next day. An individual who is subpoenaed must comply with the UIDDA and Oregon matter request. Contempt proceedings may be brought by the court or the judge who issued the subpoena or before the matter is underway if the witness disobeys or refuses to be sworn in or respond as a witness.
An Oregon subpoena must substantially comply with the format requirements of UIDDA and Oregon rules, and any Oregon-licensed attorney may assist the clerk in drafting the subpoena. A fully completed Oregon subpoena, along with two copies, and a declaration and request for issuance of a subpoena, affirming that the foreign subpoena was issued by a court of record of a state, must be submitted to the court. Any qualified attorney in Oregon may help the clerk in crafting the subpoena.
Subpoenas that include the names, addresses, email addresses, and telephone numbers of all lawyers of record and self-represented parties in the foreign case are properly prepared in accordance with the standards of the UIDDA and Oregon matter, including ORCP 55, which are required. A writ, mandate, commission, letter rogatory, or order signed by the proper authority in the foreign jurisdiction may be filed in an Oregon circuit court in order to acquire discovery in this state for a proceeding pending in a foreign jurisdiction. An original or certified copy of the foreign document, a petition to register the document, and an order to register the document in substantially the form provided must be presented in person at ex parte by the party in the foreign proceeding or an active member in good standing of the Oregon State Bar.
If the judge sanctions the subpoena, the Oregon attorney will file the case in circuit court and issue the necessary procedure. Suppose the foreign jurisdiction does not have a mechanism to issue a writ, mandate, commission, a letter rogatory, or order authorizing a deposition to be taken in Oregon. In that case, the party must bring a petition to force the witnesses to attend testify in Oregon ex parte. An affidavit must be submitted with the petition specifying the jurisdiction abroad where the case is being heard as well as the judicial body where the case is currently being heard in compliance with UIDDA and Oregon rules.
If the witness is situated beyond the foreign jurisdiction's borders, then a statement that the foreign jurisdiction lacks the legal authority to issue a writ, mandate, commission, letter rogatory, or order to force the witness to attend and provide evidence.
A statement indicating the affiant wants the court's permission to go forward with notice or agreement to take the testimony of witnesses in this state must also be mentioned with the identities of any witnesses pursuant to the UIDDA and Oregon rules which may be subpoenaed or agreed to attend and testify.
HOW ARE DEPOSITIONS CONDUCTED IN OREGON
Before taking a UIDDA and Oregon deposition, the deponent must take an oath or affirmation before a public official or a person expressly designated by the court in which the action is pending.
If either the deponent or the person administering the oath is physically present as required by the UIDDA and Oregon rules, the deposition will be considered taken. Depositions may be taken anywhere, even in another state, a U.S. territory or possession, or a foreign nation, and done upon notice before a person authorized to administer oaths in the location where the examination is conducted, either under the law of that place or under the law of the United States. Depositions may be conducted before a court of competent jurisdiction before a person nominated or commissioned by the court in which the action is ongoing, who will have the ability to administer the required oath and take evidence.
Any request for a commission or letter rogatory must be accompanied by due notice and reasonable conditions. A commission or a letter rogatory may be granted, and neither the taking of the deposition nor any other method is required for either to be issued. The deponent may be identified by name or descriptive title in a notice or commission. Evidence collected abroad pursuant to a letter rogatory need not be excluded simply because it is not a verbatim transcript or because the testimony was not given under oath, or for any similar deviation from the criteria for depositions taken inside the United States under these rules.
FOREIGN SUBPOENAS AND DEPOSITIONS IN OREGON
Any subpoena issued by a court of record in a state other than Oregon is considered a ‘foreign subpoena. A foreign subpoena issued by a foreign jurisdiction must be presented to the clerk of court in the county where discovery is to be performed inside this state in order to obtain a subpoena issued.
When a foreign subpoena is submitted to a clerk of court as per the UIDDA and Oregon rules by a party or counsel, the clerk must assign a case number and quickly issue a subpoena for service upon the person to whom the international subpoena is addressed, in line with the court's process and procedures. The clerk may accept assistance in crafting the subpoena from an attorney licensed to practice law in accordance with UIDDA and Oregon rules which a party to an out-of-state case has retained. All counsel of record in the UIDDA and Oregon action to which the subpoena pertains, as well as the names, addresses, and telephone numbers of any party not represented by counsel, must be included in or appended to the subpoena.
The filing of a motion for the issue of a subpoena under the UIDDA and Oregon rules does not constitute a presence before the court. Any activity taken in response to the subpoena that is illegal may result in penalties being imposed by the court upon receiving such a request. Appearances before the court on motions for protective orders or to enforce, quash, or alter subpoenas issued by the clerk of court under the UIDDA and Oregon rules must be in accordance with the rules and laws of this state as well. The motion must be filed in the county where discovery will take place.
The need to establish consistency of the law with regard to its subject matter among states that pass it shall be a factor in implementing and interpreting this provision. A declaration and request for issuance of a subpoena pursuant to ORCP 38 C, substantially in the forms, stating that [A.] the foreign subpoena was issued by a court of record of a state as ‘state’ and [B.] the fully completed subpoena complies with the UIDDA and Oregon requirements. A writ, mandate, commission, letter rogatory, or order signed by the proper authority in the foreign jurisdiction may be filed in an Oregon circuit court in order to acquire discovery as per the UIDDA and Oregon rules for a proceeding pending in a foreign jurisdiction that is not subject to ORCP 38 C. An original or certified copy of the foreign document, a petition to register the document, and an order to register the document in substantially the form provided must be presented in person at ex parte by the party in the foreign proceeding or an active member in good standing of the Oregon State Bar.
Uniform Interstate Depositions and Discovery Act Adopted - 2011
Bill Number: Court Rule
OR.R. CIV. P. 38(c); OR. UNIF. TRIAL CT. R. 5.140(1)(c)
Oregon Judicial Department Click Here
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1. If the requesting party has previously served a notice of deposition pursuant to Rule 39 C or Rule 40 A, or if the requesting party certifies that a notice of subpoena for the production of books, documents, electronically stored information, or tangible things will be served simultaneously with service of the subpoena, then the clerk may issue a subpoena to appear at a deposition.
2. The procedure for establishing service of a subpoena is identical to that for establishing service of a summons under Rule 7 F(2)(a) of the Federal Rules of Civil Procedure, with the exception that the server is not required to deny his or her status as a party to the action, an attorney for a party, or an officer, director, or employee of a party.
3. The party is authorized, or any adult, to serve a subpoena. A copy must be physically delivered to the witness. If a witness needs time to get ready and go to court, they should be given that opportunity. Copies of a subpoena commanding production and inspection of books, papers, documents, or other tangible things before trial must be served on each party at least seven days before the subpoena is served on the person required to produce and permit inspection, whether the subpoena is served personally or by mail unless the court orders a shorter peremptory period.
4. Substantially conforming to Form 5.140.1c in the Uniform Trial Court Rules Appendix of Forms
5. Which is in addition to the requirements of the Uniform Interstate Deposition and Discovery Act.. In the meantime, Uniform Trial Court Rule 5.140 details what evidence must be presented to the court, including the original and two copies of a fully completed Oregon subpoena, as well as a declaration and request for issuance of a subpoena that substantially conforms to Form 5.140.1c in the Uniform Trial Court Rules Appendix of Forms, affirming that (1) the foreign subpoena was issued by a court of record of a state, as ‘state’ is defined in Oregon Rule Rules of the Oregon Uniform Trial Court, Rule 5.140(1) (c).
6. Under Oregon Rule of Civil Procedure 38(C)
7. A party seeking discovery in Oregon for a process occurring in another state must submit the following to the court in accordance with the Oregon Rule of Civil Procedure (ORCP) 38 C.
8. It is also necessary to include:
- A descriptive title for the case.
- The proceeding's case number from the foreign jurisdiction.
- The date the case was first filed in the foreign jurisdiction.
9. A subpoena may be served on a person designated by a law enforcement agency. A point person must be reachable during regular business hours. Service of a subpoena issued according to subparagraph (b)of this subsection may be effected upon the officer in charge of the law enforcement agency if no such person has been selected.
To compel a peace officer to appear in court as a witness, a subpoena must be sent to the officer or to an individual authorised by the agency that employs the officer no later than 10 days before the day attendance is desired. The Individual may only serve a subpoena in this way on a peace officer who is actively working in the state and is physically present there at the moment of service.
When a subpoena is issued as described in subsection (b) of this section, the issuing agency must make a reasonable attempt to notify the officer whose presence is required in court of the hearing date, time, and place. If the police department is unable to contact the officer, the court may issue a continuance or postpone the hearing so that the officer may be served in person.
10. Uniform Trial Court Rule 5.140: OREGON DISCOVERY IN FOREIGN PROCEEDINGS [In effect until August 1, 2022]
The proper format for addressing a letter rogatory is ‘To the Appropriate Authority in (here identify the state, territory, or nation).’
12. Subpoenas that (i)include the names, addresses, email addresses, and telephone numbers of all lawyers of record and self-represented parties in the foreign case and (ii)are properly prepared in accordance with the standards of the ORCP, including ORCP 55, are required.
Oregon Rule of Civil Procedure 38 C (c)