ORS 135.085¹
Subpoenaing witnesses

(1) The magistrate shall issue subpoenas for any witness within the state when requested by the district attorney or the defendant for the preliminary hearing.

(2) If either party desires to subpoena more than five witnesses, application therefor shall be made in the manner provided in ORS 136.570 (Application for subpoenas for more than 10 witnesses). [Formerly 133.660; 1987 c.606 §1]

See annota­tions under ORS 133.660 in permanent edi­tion.

§§ 135.070 (Informing defendant as to charge, right to counsel, use of statement and preliminary hearing) to 135.185 (Holding defendant to answer)

Notes of Decisions

Under Oregon Constitu­tion, per­son may be charged with felony either by grand jury indict­ment or by district attorney in­for­ma­­tion after showing of probable cause at preliminary hearing, and it is within district attorney’s discre­tion to decide which pro­ce­dure to use so long as exercise thereof complies with Equality of Privileges Clause of Oregon Constitu­tion. State v. Eells, 72 Or App 492, 696 P2d 564 (1985), Sup Ct review denied

Where defendant is initially charged by in­for­ma­­tion, but later indicted, defendant does not retain right to preliminary hearing unless use of indict­ment was for improper purpose. State v. Marsh, 132 Or App 416, 888 P2d 580 (1995)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2019) (last ac­cessed May 16, 2020).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information