2007 ORS § 44.554¹
Payment of police officer subpoenaed as expert witness
  • obligation of party to reimburse law enforcement agency
  • method of payment

(1) Any police officer who is obliged by a subpoena issued pursuant to ORS 44.552 (Method of subpoenaing police officer) (2) to attend as an expert witness shall receive the salary or other compensation to which the officer is normally entitled from the law enforcement unit by which the officer is employed during the time that the officer travels to and from the place where the court or other tribunal is located and while the officer is required to remain at that place pursuant to such subpoena. The officer shall also receive from the law enforcement unit by which the officer is employed the actual necessary and reasonable traveling expenses incurred in complying with the subpoena.

(2) The party at whose request a subpoena is issued pursuant to ORS 44.552 (Method of subpoenaing police officer) (2) compelling the attendance of a police officer as an expert witness shall reimburse the law enforcement unit by which the officer is employed for the full cost to the law enforcement unit incurred in reimbursing the officer as provided in subsection (1) of this section for each day that the officer is required to remain in attendance pursuant to the subpoena. The amount of $160 shall be tendered with any subpoena issued under ORS 44.552 (Method of subpoenaing police officer) (2) to compel the attendance of a police officer as an expert witness for each day that the officer is required to remain in attendance pursuant to the subpoena. If the person causing the issuance of a subpoena requiring the expert opinion of a police officer makes arrangements with the officer and with the tribunal prior to the issuance of the subpoena to take the testimony of the officer by telephone, and testimony by telephone is otherwise allowed by the Oregon Rules of Civil Procedure, the amount of $80 shall be tendered with the subpoena for each day that the officer is required to testify pursuant to the subpoena.

(3) If the actual expenses should later prove to be less than the amount tendered, the excess of the amount tendered shall be refunded.

(4) If the actual expenses should later prove to be more than the amount tendered, the difference shall be paid to the law enforcement unit by which the officer is employed by the party at whose request the subpoena is issued. However, no additional amounts shall be due unless, within seven days after the final day on which the officer appears in the proceedings, the law enforcement unit mails a statement to the party or to the party’s attorney reflecting the additional amounts due.

(5) If a court or tribunal continues a proceeding on its own motion, no additional expert witness fee may be required prior to the issuance of a subpoena or the making of an order directing the officer to appear on the date to which the proceeding is continued. [1991 c.550 §3]

Note: See note under 44.550 (Definitions for ORS 44.550 to 44.566).