2017 ORS 33.085¹
Compelling testimony of witness

(1) Upon the motion of the person initiating the proceeding, the court may compel the testimony of a witness as provided under ORS 136.617 (Motion to compel witness who may be incriminated to testify) in a contempt proceeding under ORS 33.055 (Procedure for imposition of remedial sanctions) or 33.065 (Procedure for imposition of punitive sanctions).

(2) In any case where the person initiating the proceeding is not represented by the district attorney, county counsel or Attorney General, the person initiating the proceeding shall serve a notice of intent to compel testimony on the district attorney of the county where the contempt proceeding is pending and on the Attorney General. The notice shall be served not less than 14 calendar days before any hearing on the motion to compel testimony.

(3) The notice required by this section shall identify the witness whose testimony the person initiating the proceeding intends to compel and include, if known, the witness’ name, date of birth, residence address and Social Security number, and other pending proceedings or criminal charges involving the witness. The notice shall also include the case name and number of the contempt proceeding and the date, time and place set for any hearing scheduled as provided in ORS 136.617 (Motion to compel witness who may be incriminated to testify).

(4) If the person initiating the proceeding fails to serve the required advance notice or fails to serve the notice within the time required, the court shall grant a continuance for not less than 14 calendar days from the date the notice is served to allow the district attorney and Attorney General opportunity to be heard on the matter of compelling testimony. The court may compel testimony under this subsection only after the full notice period and opportunity to be heard, unless before that time the district attorney and Attorney General waive in writing any objection to the motion to compel.

(5) In any hearing on a motion to compel testimony under this section, the district attorney of the county in which the contempt proceeding is pending and the Attorney General each may appear to present evidence or arguments to support or oppose the motion.

(6) In lieu of compelling testimony under this section, the court may continue the contempt proceeding until disposition of any criminal action that is pending against the witness whose testimony is sought and that charges the witness with a crime. [1991 c.724 §7a]

Notes of Decisions

Contempt pro­ceed­ing instituted under these sec­tions for husband’s failure to pay spousal support pursuant to dissolu­tion decree is separate pro­ceed­ing from dissolu­tion and trial court’s jurisdic­tion to hold husband in contempt was therefore not defeated by husband’s ap­peal from dissolu­tion decree. Oliver and Oliver, 81 Or App 115, 724 P2d 869 (1986), Sup Ct review denied

Choice-of-evils de­fense could not exonerate defendants charged with contempt for violating injunc­tion arising from demonstra­tion to prevent abor­tions because de­fense is available only if defendants’ necessary con­duct is not inconsistent with other pro­vi­sions of law. Downtown Women’s Center v. Advocates for Life, Inc., 111 Or App 317, 826 P2d 637 (1992)

Contempt pro­ceed­ings are not subject to laws governing venue for crim­i­nal pro­ceed­ings. Bachman v. Bachman, 171 Or App 665, 16 P3d 1185 (2000), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 33—Special Proceedings and Procedures, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors033.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 33, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano033.­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.