74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1739
 
                         Senate Bill 297
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Modifies number of days required for service of subpoena to
produce and permit inspection of records of person who is not
party in dependency matter.
 
                        A BILL FOR AN ACT
Relating to children; amending ORS 419B.899.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419B.899 is amended to read:
  419B.899. (1) A subpoena may be issued:
  (a) To require attendance before a court, at the trial of an
issue in a court or, if separate from a subpoena commanding the
attendance of a person, to produce and permit inspection of
books, papers, documents or other tangible things. A subpoena may
be issued under this paragraph:
  (A) In blank by the clerk of the court in which the action is
pending or, if there is no clerk, by a judge or justice of the
court; or
  (B) By an attorney of record of the party to the action in
whose behalf the witness is required to appear, subscribed by the
signature of the attorney.
  (b) To require attendance at a deposition authorized under ORS
419B.884.
  (c) To require attendance out of court in cases not provided
for in paragraph (a) of this subsection, before a judge, justice
or other officer authorized to administer oaths or take testimony
in any matter under the laws of this state. A subpoena may be
issued under this paragraph by the judge, justice or other
officer before whom the attendance is required.
  (2) Upon the request of a party or attorney, any subpoena
issued by a clerk of court may be issued in blank and delivered
to the party or attorney requesting it, who must fill it in
before service.
  (3) A subpoena to produce and permit inspection of records of a
person who is not a party to the action must be served on the
person and, if the person is represented, the person's attorney
at least   { - 10 - }  { +  nine + } days before the subpoena is
served on the keeper or custodian of the records.
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