Chapter 338 Oregon Laws 2001

AN ACT

HB 2377

Relating to juvenile procedure; amending ORS 419B.320.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 419B.320 is amended to read:

419B.320. Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal cases. Except as provided by this [subsection] section, responsibility for the per diem and mileage fees of any witness, and travel expenses if so ordered by the court, shall be borne by the party who subpoenas the witness or requests the court to subpoena the witness. [If the witness was subpoenaed to appear on behalf of the State Office for Services to Children and Families, responsibility for per diem, mileage fees and travel expenses shall be borne by the county.] If the witness was subpoenaed by more than one party, the witness shall be paid by the party who first subpoenas the witness. The court may then, thereafter, order that the costs be distributed equally among all parties who subpoenaed the witness and that the original payor of the costs be reimbursed accordingly. When the witness has been subpoenaed on behalf of an indigent party who is represented by court-appointed counsel, the fees and costs allowed for that witness shall be paid pursuant to ORS 135.055.

Approved by the Governor June 7, 2001

Filed in the office of Secretary of State June 7, 2001

Effective date January 1, 2002

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