2015 ORS 44.554¹
Payment of law enforcement personnel subpoenaed as expert witness
  • obligation of party to reimburse law enforcement agency
  • method of payment

(1) A police officer or an employee of the Department of State Police who is obliged by a subpoena issued pursuant to ORS 44.552 (Method of subpoenaing law enforcement personnel) (2) to attend as an expert witness shall receive from the law enforcement unit by which the officer is employed or the Department of State Police, respectively:

(a) The salary or other compensation to which the officer or employee is normally entitled during the time that the officer or employee travels to and from the place where the court or other tribunal is located and while the officer or employee is required to remain at that place pursuant to the subpoena; and

(b) The actual necessary and reasonable traveling expenses incurred in complying with the subpoena.

(2)(a) The party at whose request a subpoena is issued pursuant to ORS 44.552 (Method of subpoenaing law enforcement personnel) (2) compelling the attendance of a police officer or employee of the Department of State Police as an expert witness shall reimburse the law enforcement unit by which the officer is employed or the Department of State Police, respectively, for the full cost to the law enforcement unit or the department incurred in reimbursing the officer or employee as provided in subsection (1) of this section for each day that the officer or employee is required to remain in attendance pursuant to the subpoena.

(b) The amount of $160 must be tendered with any subpoena issued under ORS 44.552 (Method of subpoenaing law enforcement personnel) (2) to compel the attendance of a police officer or an employee of the Department of State Police as an expert witness for each day that the officer or employee is required to remain in attendance pursuant to the subpoena.

(c) Notwithstanding paragraph (b) of this subsection, if the person causing the issuance of a subpoena requiring the expert opinion of a police officer or an employee of the Department of State Police makes arrangements with the officer or the employee and with the tribunal prior to the issuance of the subpoena to take the testimony of the officer or employee 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 or employee is required to testify pursuant to the subpoena.

(3) If the actual expenses are less than the amount tendered, the excess of the amount tendered shall be refunded.

(4)(a) If the actual expenses are greater than the amount tendered, the difference shall be paid to the law enforcement unit by which the officer is employed or the Department of State Police, as appropriate, by the party at whose request the subpoena is issued.

(b) Notwithstanding paragraph (a) of this subsection, additional amounts are not payable unless, within seven days after the final day on which the officer or employee appears in the proceedings, the law enforcement unit or the Department of State Police, respectively, 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 or employee to appear on the date to which the proceeding is continued. [1991 c.550 §3; 2011 c.547 §23]

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


1 Legislative Counsel Committee, CHAPTER 44—Witnesses, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors044.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.