2017 ORS 136.580¹
Subpoenas when books, papers or documents are required

(1) If books, papers or documents are required, a direction to the following effect shall be added to the form provided in ORS 136.575 (Forms of subpoenas): “And you are required, also, to bring with you the following: (describing intelligibly the books, papers or documents required).”

(2) Upon the motion of the state or the defendant, the court may direct that the books, papers or documents described in the subpoena be produced before the court prior to the trial or prior to the time when the books, papers or documents are to be offered in evidence and may, upon production, permit the books, papers or documents to be inspected and copied by the state or the defendant and the state’s or the defendant’s attorneys. [Formerly 139.080; 1993 c.304 §1]

Notes of Decisions

Audiotapes are func­tional equivalent of “books, papers or docu­ments” for purposes of being subject to sub­poe­na duces tecum. State v. Cartwright, 336 Or 408, 85 P3d 305 (2004)

Discre­tionary pro­ce­dure for court to order early produc­tion of docu­mentary ma­te­ri­als presupposes issuance of proper sub­poe­na duces tecum summoning ma­te­ri­als to court pro­ceed­ing where ma­te­ri­als will or may be called into evidence. State v. Cartwright, 336 Or 408, 85 P3d 305 (2004)

Where witness testified at pro­ceed­ing, defendant had right to compel third-party produc­tion of docu­mentary ma­te­ri­als having potential usefulness for cross-examina­tion of witness. State v. Cartwright, 336 Or 408, 85 P3d 305 (2004)

1 Legislative Counsel Committee, CHAPTER 136—Criminal Trials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors136.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 136, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano136.­html (2017) (last ac­cessed Mar. 30, 2018).
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.