Served 123 LLC domesticates and serves out-of-state and tribal-court subpoenas across all 36 Oregon counties under ORCP 38 C, in force since January 1, 2014. Oregon flips the usual playbook: the issued subpoena must conform to Oregon's own Rule 55 form first — foreign terms only as far as they fit — and the official statewide fee for issuance is zero. We draft conform-first, prepare the Form 5.140.1c declaration for counsel's signature, run the health-records gates, and serve with the $30 witness fee and mileage delivered at the door.
The Oregon Judicial Department’s official statewide Circuit Court Fee Schedule has a line item for exactly this filing: “Foreign deposition under ORCP 38 C” — and the fee is $0. A national guide nonetheless quotes “$15 to $111, depending on the county” — in a unified, state-funded court system with one statewide schedule and nothing for fees to “depend” on. Oregon’s real costs sit elsewhere: the $30-per-day witness fee with mileage delivered at service, and the drafting discipline the conform-first rule demands. We put the money where the rule actually puts it.
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Oregon adopted the Uniform Interstate Depositions and Discovery Act as a rule of procedure — ORCP 38 C, added by Oregon Laws 2013, chapter 1, in force since January 1, 2014. A party or attorney submits the foreign subpoena to the clerk of the circuit court in the discovery county with the Form 5.140.1c declaration; the clerk assigns a case number and promptly issues — at the official statewide fee of $0 per the OJD fee schedule. One twist controls everything: the Oregon subpoena must conform to Rule 55 first, incorporating foreign terms only as far as they fit Oregon’s rules.
Oregon’s UIDDA lives in a rule, not a statute: ORCP 38 C, inserted by Oregon Laws 2013, chapter 1, in force since January 1, 2014, with the current text reflecting Council on Court Procedures amendments promulgated December 8, 2018. A party or attorney submits the foreign subpoena to the clerk of court in the county where discovery is sought; by the rule’s own words the clerk “shall assign a case number and promptly issue.” The request is not an appearance — though C(4) adds an Oregon-only hook: it “does allow the court to impose sanctions” for violations connected to the subpoena — while motions to enforce, quash, or modify expressly are appearances under C(5). And C(1)(b) counts a federally recognized Indian tribe as a state, so subpoenas from the courts of Oregon’s nine tribes run through the same channel.
The rule that controls everything is C(2)(c)(i) — Oregon flips the uniform act’s mirror principle. The issued subpoena must conform to the Oregon Rules of Civil Procedure and substantially to Rule 55 A(1)’s form, incorporating the foreign terms only “as long as those terms conform to these rules.” Oregon-form-first, foreign terms conformed — which is why the rule offers Oregon-attorney drafting assistance, and why intake runs through UTCR 5.140 and the official Form 5.140.1c: a perjury declaration signed by the party or attorney of record, attaching the foreign subpoena plus an original and two copies of the fully conformed Oregon subpoena, with names, addresses, telephone numbers and email addresses for every attorney of record and self-represented party — Oregon’s addition to the uniform contents.
Oregon runs a unified, state-funded judiciary: one Oregon Judicial Department, statewide rules, statewide forms, and one statewide fee schedule — whose official line for “Foreign deposition under ORCP 38 C” reads $0 per the 2026 Circuit Court Fee Schedule. The real money sits in ORS 44.415: civil witnesses get $30 for each day’s attendance plus 25 cents a mile, capped at the cost of reasonably available common carriers — and Rule 55 makes the witness’s obligation to appear contingent on that payment, with the right to demand the next day’s fees at the end of each day. Oregon has 36 counties, one circuit court system, and — for medical records — the most demanding subpoena gates in the country. We run all of it.
Conform-first means the Oregon subpoena is built to Rule 55 A(1)'s form — and that form requires more than a caption. Every Oregon subpoena must alert the witness to the fee entitlements and carry two warnings, in substantively similar terms, on its face.
Beyond stating the court, the case, and the command — and alerting the witness to the fees and mileage owed under the rule — every subpoena issued in Oregon, including every ORCP 38 C subpoena, must state:
This is why pasting the foreign subpoena's language onto Oregon paper fails: the clerk issues a subpoena conformed to Oregon's form — warnings, fee alerts, and all — with the foreign terms incorporated only as far as they fit. We draft it conform-first, so issuance is a formality.
Oregon splits records subpoenas into two roads. The ordinary one runs on choreography; the medical one runs through gates — and most out-of-state rejections happen at the second.
A production subpoena is served on all parties at least 7 days before it reaches the witness, must allow at least 14 days for production, and must specify whether originals or true copies satisfy it. A records-only subpoena — no testimony commanded — may be served by mail. Miss the sequence and the objection writes itself.
Parties +7 days · Production +14 days · Mail OK records-onlyFor confidential health information, ORCP 55 D conditions service itself: the custodian must receive either a qualified protective order or a declaration proving 14-day advance written notice to the patient with the subpoena and enough case detail to object — stacked on federal privacy law, with production in sealed double envelopes inscribed with court, case, witness, and date.
QPO or 14-day notice · HIPAA stacking · Sealed envelopesOne more gate sits above both: under ORS 24.500, a clerk may not even be asked to issue an ORCP 38 C subpoena relating to gender-affirming treatment or reproductive health care unless the request carries the statute’s written declaration — a 2023 law no competitor mentions. We screen every records order against both rules before anything is filed or served.
From intake to affidavit — conform-first drafting, the official declaration, a zero-fee filing, the records gates, and service with the fee delivered.
Upload the out-of-state or tribal-court subpoena with the Oregon county where the witness, records, or premises are located. Venue runs on Rule 55 A(6)(c): a resident nonparty sits in the county where the person resides, is employed, or transacts business in person — a nonresident only in the county where the person is served.
We build the Oregon subpoena to Rule 55 A(1)’s form — the obey-or-jail warnings, the fee alerts, the originals-or-true-copies specification — incorporating your foreign terms as far as they conform, exactly as ORCP 38 C(2)(c) commands, with the contact block including email addresses for every attorney and self-represented party.
Per UTCR 5.140, the intake package is the official Form 5.140.1c declaration — executed under penalty of perjury by the party or attorney of record — with the foreign subpoena and an original plus two copies of the conformed Oregon subpoena attached. We prepare it complete; you sign; we file.
Our representative files in the discovery county. The official statewide fee schedule prices “Foreign deposition under ORCP 38 C” at $0; the clerk assigns a case number by rule and promptly issues. The request is not an appearance — and we report the case number back with the issued subpoena.
Records subpoenas run the 7-day party-notice and 14-day production choreography; health-records subpoenas add the ORCP 55 D package — qualified protective order or the 14-day patient-notice declaration — and the ORS 24.500 screen. Then service: personal delivery with the $30 day’s fee and 25¢-per-mile mileage per ORS 44.415, by the tier the rule assigns — including agency service for peace officers and guardian service for minors. Records-only subpoenas may go by mail.
You receive a signed affidavit of service (PDF) for your originating court. If the witness moves to quash — due before the compliance date and no more than 14 days after service, on an unreasonable-and-oppressive standard — C(5) makes that motion an appearance in the discovery-county circuit court. Disobedience is contempt; we calendar every daily fee demand so compliance never has a payment excuse.
Before January 1, 2014, an out-of-state subpoena reached Oregon through the register-instrument machinery — paperwork that survives today only for foreign countries and non-state jurisdictions.
The complete framework — the rule, the intake machinery, the Rule 55 mechanics, and the fee statutes — each linked from the sections above.
| Authority | Subject | Key requirement |
|---|---|---|
| ORCP 38 C(1) | Definitions | Foreign subpoena means one issued under authority of a court of record of any state other than Oregon; “state” includes the District of Columbia, Puerto Rico, the U.S. Virgin Islands, a federally recognized Indian tribe, and U.S. territories |
| ORCP 38 C(2)(a)–(b) | Where + Clerk's Duty | A party or attorney submits the foreign subpoena to a clerk of court in the discovery county; the clerk, per that court's procedure, shall assign a case number and promptly issue — an Oregon-licensed attorney may assist the clerk in drafting |
| ORCP 38 C(2)(c) | Conform-First Contents | The subpoena shall conform to the ORCP, including Rule 55, and substantially to Rule 55 A(1)'s form, incorporating the foreign terms only as long as they conform — plus the contact details of all counsel of record and any unrepresented party |
| ORCP 38 C(4)–(5) | Appearance + Motions | The request is not an appearance but allows sanctions for violations connected to the subpoena; motions for protective orders or to enforce, quash, or modify are appearances, submitted in the discovery county |
| UTCR 5.140 + Form 5.140.1c | Intake Package | A declaration under penalty of perjury by the party or attorney of record, with the foreign subpoena and an original plus two copies of the conformed Oregon subpoena, certifying ORCP 55 compliance and the contact block including email addresses |
| ORCP 55 A(1)(a)(v)–(vi) | Required Warnings | Every subpoena's face must alert the witness to the fee entitlements and state, in substantively similar terms, that subpoenas must be obeyed unless a judge orders otherwise and that disobedience is punishable by fine or jail time |
| ORCP 55 A(4)–(6) | Service + Tender + Venue | Served by a party, the party's attorney, or anyone 18 or older; appearance is contingent on payment of fees and mileage at service, with next-day fees on demand; resident nonparties attend in the residence/employment/in-person-business county, nonresidents only where served |
| ORCP 55 B(2)–(3) | Service Tiers | Personal delivery with fees and mileage for witnesses 14 or older; service on a parent or guardian for younger witnesses; mail or electronic service on waiver; peace officers servable through the employing agency's designee |
| ORCP 55 C(2)–(3) | Records Choreography | Records-only subpoenas may be served by mail; production subpoenas go to all parties at least 7 days before the witness, must allow at least 14 days for production, and must specify originals or true copies |
| ORCP 55 D | Health-Information Gates | Service of a CHI subpoena requires a qualified protective order or a declaration proving 14-day advance written notice to the patient; production travels in sealed, inscribed double envelopes, with court-supervised inspection and mail compliance when no attendance is required |
| ORS 24.500 | 2023 Shield Law | A clerk may not be asked to issue an ORCP 38 C subpoena relating to gender-affirming treatment or reproductive health care permitted in Oregon unless the request carries the statute's written declaration |
| ORS 44.415 + fee schedule | Fees | Civil witnesses receive $30 for each day's attendance plus mileage at 25 cents a mile, capped at common-carrier cost; the official statewide Circuit Court Fee Schedule prices ORCP 38 C issuance at $0 |
Oregon's judiciary is unified and state-funded — one statewide fee schedule, one statewide forms library, no county fee variance. Rule 55's current text — the face warnings, the tender mechanics, and the health-information gates — reflects the Council on Court Procedures' December 2022 promulgation, effective January 1, 2024. The $5-per-day witness rate in ORS 44.415(2) applies only to proceedings where a public body is a party; private out-of-state civil actions owe the $30 rate.
A zero-fee filing wrapped in the most demanding drafting and records rules in the country — every failure below is live on a competitor page or built into the rule's traps.
The official statewide fee schedule prices “Foreign deposition under ORCP 38 C” at $0 — and Oregon’s unified judiciary has no county fee variance for anything to “depend” on. We file at the real price: nothing.
One national guide says Oregon adopted the UIDDA “January 1, 2012” at “ORS § 24.280 et seq.” Both invented: Oregon’s UIDDA is a rule — ORCP 38 C, in force since January 1, 2014 — and ORS chapter 24’s actual relevance is the 2023 shield law that same guide has never heard of. We cite the rule, dated and linked.
Everywhere else, the issued subpoena “incorporates the terms” of the foreign one. Oregon flips it: C(2)(c)(i) demands conformity to the ORCP and Rule 55 A(1)’s form first — warnings, fee alerts, and all — with foreign terms incorporated only as far as they fit. Paste the foreign language onto Oregon paper and the clerk bounces it. We draft conform-first.
A CHI subpoena served without a qualified protective order or the 14-day patient-notice declaration violates ORCP 55 D at the moment of service — and if the records touch gender-affirming or reproductive care, ORS 24.500 bars the issuance request itself absent the statutory declaration. We screen every medical-records order against both.
Rule 55 makes the witness’s obligation to appear contingent on payment of the $30 fee and mileage delivered with the subpoena — and lets the witness demand the next day’s fees at the end of each day, with no duty to return if unpaid. We deliver at the door and calendar every demand.
Production subpoenas reach all parties at least 7 days before the witness and must allow 14 days to produce; a nonresident witness can be made to attend only in the county where served. Wrong order or wrong county hands the witness the objection. We calendar the choreography and check the venue first.
End-to-end handling of a zero-fee filing wrapped in the country's most exacting subpoena code — with the gates competitors never read.
The Oregon subpoena built to Rule 55 A(1)'s form — required warnings, fee alerts, originals-or-copies specification — with your foreign terms incorporated as far as they conform.
Form 5.140.1c prepared complete for counsel's signature, with the foreign subpoena and the original-plus-two-copies set, filed in the discovery county at the official $0 fee.
The ORCP 55 D package — QPO or 14-day patient-notice declaration — plus the ORS 24.500 declaration screen, run on every medical-records order before filing or service.
Personal delivery with the $30 day's fee and 25¢-per-mile mileage — by the correct tier, from guardian service for minors to agency service for peace officers — with daily fee demands calendared.
Portland, Salem, Eugene, Bend, Medford — one unified court system, one point of contact — with tribal-court subpoenas domesticated under C(1)(b)'s same-channel rule.
Filing confirmation with the assigned case number, the 7/14 choreography calendared, service updates, and a signed affidavit of service (PDF) ready for your originating court.
Every discovery subpoena ORCP 38 C reaches — conformed to Oregon's form, issued at the $0 statewide fee, and served under Rule 55.
Records and ESI on the 7/14 choreography, originals-or-true-copies specified — with mail service available when no testimony is commanded.
Testimony in the resident's venue-trio county — or, for nonresidents, the county where served — with the $30 fee and mileage delivered and daily demands calendared.
Combined commands conformed to Rule 55 A(1)'s form per C(2)(c) — one declaration, one filing, one tender-compliant service.
Hospital systems, clinics, and insurers — served with the full ORCP 55 D package, the sealed-envelope protocol explained, and the ORS 24.500 screen documented.
Out-of-state counsel and the teams behind them — anyone who needs an Oregon witness without learning a conform-first drafting rule and two layers of health-records gates.
Out-of-state litigators reaching Oregon witnesses and custodians without decoding the conform-first rule, the 5.140.1c package, or the tender mechanics.
Medical records from Portland-metro hospital systems and statewide providers — with the QPO-or-notice gate and the ORS 24.500 screen handled before service.
Discovery from the apparel, semiconductor, and manufacturing employers concentrated in Washington County and the Portland metro.
Banks, lenders, and custodians statewide — subpoenaed on Oregon's form with the choreography calendared and the affidavit returned filing-ready.
One vendor for the chain — venue check, conform-first draft, declaration package, $0 filing, gates, service, affidavit — with the case number reported back.
Agencies reselling Oregon coverage — we run the ORCP 38 C filing and Rule 55 service under your brand's timeline.
We file and serve in every Oregon county — Portland, Salem, Eugene, Bend, Medford, and every circuit court from the coast to the high desert.
That’s all 36 — one unified circuit court system under the Oregon Judicial Department. We file where ORCP 38 C(2)(a) puts the request — the county where discovery is sought — and depositions sit where Rule 55 A(6)(c) puts the witness: the residence, employment, or in-person business county for Oregon residents, and the county of service for nonresidents.
Straight answers on domesticating and serving an out-of-state or tribal-court subpoena in Oregon under ORCP 38 C.
Send the originating state or tribal court, the Oregon county, and your subpoena PDF. We draft the conformed Oregon subpoena with the required warnings, prepare the Form 5.140.1c declaration for counsel's signature, file at the official $0 statewide fee, run the records and health-information gates, serve with the $30 witness fee and mileage delivered, and return a filing-ready affidavit — all 36 counties.
Served 123 LLC is a process service and litigation-support company, not a law firm, and does not provide legal advice. Clerk filings and service are performed administratively at the direction of the client and its counsel; declarations under UTCR 5.140 and ORS 24.500 are executed by the requesting party or counsel. Fee and witness-fee figures are cited from the Oregon Judicial Department's published statewide fee schedule and ORS 44.415 as published.
