Rule 38 C adopts the Uniform Interstate Depositions and Discovery Act: a subpoena is submitted in the county where discovery is sought, whose clerk issues a local one. It requires no local attorney. Served 123 LLC handles filing and service to domesticate a subpoena in Oregon.
What to Send Us
Every Oregon Order Includes
Skip tracing is available if the address turns out to be bad.
Every Oregon County
Served 123 LLC works with the circuit court clerk in each of Oregon’s 36 counties, and the clerk’s fee is in your quote. The submission goes in on paper, and each clerk issues the subpoena under that court’s own procedure, so we follow its local practice. Not sure of the county? The county finder works from the witness’s town.
Documents Subpoena
A records-only subpoena runs through the same clerk and may be served by mail. Parties get 7 days’ notice before service and production gets at least 14 days, unless the court orders less time; confidential health information adds the steps set out below. Mention them on the form.
Oregon Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Oregon takes this submission on paper, with a petition and a completed Oregon subpoena. Here is who does what.
The circuit court clerk issues the Oregon subpoena under that court’s procedure, and we handle the paper submission with the clerk’s office.
We prepare the petition and a completed Oregon subpoena that meets Rule 55 and lists every attorney and self-represented party.
Our server, 18 or older, delivers it in person with one day’s fees and mileage when you order service, and we advance the tender on your quote.
Our server signs the certificate naming the documents served and the time, place and manner, and we handle getting it back to you.
ORCP 55 A(7): “A motion to quash or to modify must be filed with the court and served on the party that issued the subpoena before the date set for the recipient to appear or produce, but not more than 14 days after the date that the subpoena was served.” Enter the service date and this counts the 14 days the way ORCP 10 A does.
If the date to appear or produce comes first, it controls. If a date is close, ask counsel.
A planning aid, not legal advice: it cannot know holidays the Governor appoints, a day the court is closed, an earlier date in the subpoena, or a court order setting another time.
These are the words of Rule 38 C, Oregon’s form of the uniform act (UIDDA), on where the foreign subpoena goes, who issues the Oregon subpoena, what it holds, how it is served and where a motion goes.
To request issuance of a subpoena under this section, a party or attorney shall submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state.
If a party to an out-of-state proceeding retains an attorney licensed to practice in this state, that attorney may assist the clerk in drafting the subpoena.
A subpoena under this subsection shall: (i) Conform to the requirements of these Oregon Rules of Civil Procedure, including Rule 55, and conform substantially to the form provided in Rule 55 A(1) but may otherwise incorporate the terms used in the foreign subpoena as long as those terms conform to these rules; and (ii) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Served 123 LLC prepares the Oregon subpoena and the petition that Rule 38 C(2)(c) and UTCR 5.140(1) call for.
Get a Free Quote Online →A subpoena issued by a clerk of court under subsection (2) of this section shall be served in compliance with Rule 55.
A motion to the court, or a response thereto, for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court pursuant to this section is an appearance before the court and shall comply with the rules and statutes of this state. The motion shall be submitted to the court in the county in which discovery is to be conducted.
Official texts: ORCP, ORS 1.735, ORS 24.500, ORS 44.415, ORS 187.010, ORS 40.510, UTCR ch. 5, UTCR ch. 21, Clackamas SLR, Washington SLR, Multnomah SLR, 45 C.F.R. 164.512. General information, not legal advice. The official text controls.
Send us the foreign subpoena and we handle the clerk step with the discovery county.
Get a Free Quote Online →Once issued, the Oregon subpoena follows Rule 55, as Rule 38 C(3) requires. For a summons or other court papers, see process service in Oregon.
Rule 38 C(3) sends service to Rule 55, and Rule 55 A(4) reads: “A subpoena may be served by a party, the party’s attorney, or any other person who is 18 years of age or older.” No sheriff is needed, and our server meets the test.
Rule 38 C(3); ORCP 55 A(4)Rule 55 B(2) sets the general test: “a copy of the subpoena must be served sufficiently in advance to allow the witness a reasonable time for preparation and travel to the place specified in the subpoena”. It names no day count, so leave a margin before the date in the subpoena.
ORCP 55 B(2)Rule 55 B(2)(a): “If the witness is 14 years of age or older, the subpoena must be personally delivered to the witness, along with fees for one day’s attendance and the mileage as allowed by law unless the witness expressly declines payment, whether personal attendance is required or not.” Mail or electronic service on a witness who waives personal service has its own conditions in Rule 55 B(2)(c).
ORCP 55 B(2)(a), (c)Rule 55 A(5): “Proving service of a subpoena is done in the same way as provided in Rule 7 F(2)(a) for proving service of a summons, except that the server need not disavow being a party in the action”. Rule 7 F(2)(a)(i) calls for “the certificate of the server indicating: the specific documents that were served; the time, place, and manner of service”. Our server’s certificate comes back to you.
ORCP 55 A(5); ORCP 7 F(2)(a)(i)Rule 55 B(2)(d): “A subpoena naming a nonparty organization as a deponent must be delivered, along with fees for one day’s attendance and the mileage as allowed by law, in the same manner as provided for service of summons in Rule 7 D(3)(b)(i), Rule 7 D(3)(c)(i), Rule 7 D(3)(d)(i), Rule 7 D(3)(e), Rule 7 D(3)(f), or Rule 7 D(3)(h).” Tell us its agent if you know it.
ORCP 55 B(2)(d)Rule 55 A(6)(b) makes it a condition: unless the witness declines payment, “the witness’s obligation to appear is contingent on payment of fees and mileage when the subpoena is served”. So the server hands over one day’s fees and mileage with the subpoena. We advance any tender owed, on your written quote.
ORCP 55 A(6)(b), B(2)(a)ORS 44.415(1): “a person is entitled to receive $30 for each” day’s attendance and “mileage reimbursement at the rate of 25 cents a mile if the person is required to travel from a place within or outside this state”. “Total mileage reimbursement shall not exceed the necessary cost of transportation on reasonably available common carriers.” In “any criminal proceeding, any proceeding prosecuted by a public body or any proceeding where a public body is a party”, ORS 44.415(2) sets $5 a day and “mileage reimbursement at the rate of eight cents a mile”.
ORS 44.415(1)–(2)Rule 55 A(7): “A motion to quash or to modify must be filed with the court and served on the party that issued the subpoena before the date set for the recipient to appear or produce, but not more than 14 days after the date that the subpoena was served.” “The court may quash or modify the subpoena if the subpoena is unreasonable and oppressive”. Rule 38 C(5) makes the motion an appearance that “shall comply with the rules and statutes of this state” and sends it to the discovery county’s court.
ORCP 55 A(7); Rule 38 C(5)Rule 55 A(6)(c)(i) sets the county for an Oregon resident: “A resident of this state who is not a party to the action is required to attend a deposition or to produce things only in the county where the person resides, is employed, or transacts business in person, or at another convenient place as ordered by the court.”
ORCP 55 A(6)(c)(i)Rule 55 A(6)(c)(ii) ties a visitor to the county of service: “A nonresident of this state who is not a party to the action is required to attend a deposition or to produce things only in the county where the person is served with the subpoena, or at another convenient place as ordered by the court.”
ORCP 55 A(6)(c)(ii)Order service with the domestication and one server carries it from the clerk’s subpoena to the signed certificate.
Get a Free Quote Online →A documents subpoena takes the same clerk route. Confidential health information adds Rule 55 D’s steps, ORS 24.500 limits subpoenas about some health care, and the federal rule at 45 C.F.R. 164.512(e) sits on top.
Rule 55 C(2): “A copy of a subpoena for production that does not contain a command to appear and testify may be served by mail.” A subpoena that also commands testimony goes back to the personal-delivery rule of Rule 55 B(2).
ORCP 55 C(2)Rule 55 C(3)(c): “The subpoena must specify whether originals or true copies will satisfy the subpoena.” We carry that choice onto the Oregon subpoena from the foreign one, so tell us if the record holder must send originals.
ORCP 55 C(3)(c)For a subpoena “issued solely to command production or inspection prior to a deposition, hearing, or trial”, Rule 55 C(3) says “The subpoena must be served on all parties to the action that are not in default at least 7 days before service of the subpoena on the person or organization’s representative who is commanded to produce and permit inspection, unless the court orders less time”, and “The subpoena must allow at least 14 days for production of the required documents or things, unless the court orders less time”.
ORCP 55 C(3)(a)–(b)Oregon Evidence Code Rule 902 (ORS 40.510) lists self-authenticating items in paragraphs (1)(a) through (m); the last of the thirteen is “A report prepared by a forensic scientist that contains the results of a presumptive test conducted by the forensic scientist as described in ORS 475.235”. It has no 902(11) business-records paragraph and no custodian’s certificate in its place. Rule 55 D(8) sets a custodian’s declaration for CHI only, so settle early with counsel how any other business records will come in.
ORS 40.510; ORCP 55 D(8)A subpoena for confidential health information (CHI) needs more than service: the custodian must also receive one of two papers. Rule 55 D(4)(a): “The party serving a subpoena for CHI must serve the custodian or other record keeper with either a qualified protective order or a declaration or affidavit together with supporting documentation that demonstrates:” (i) “The party made a good faith attempt to provide the person whose CHI is sought, or the person’s attorney, written notice that allowed 14 days after the date of the notice to object;” and (ii) “The written notice included the subpoena and sufficient information about the litigation underlying the subpoena to enable the person or the person’s attorney to meaningfully object;”
ORCP 55 D(4)(a)(i)–(ii)ORS 24.500(3): if the foreign subpoena “relates to gender-affirming treatment or reproductive health care services that are permitted under the laws of this state”, the Oregon subpoena may not be requested “unless the person requesting the subpoena provides a written declaration that the foreign subpoena relates to:” (a) “An out-of-state action founded in tort, contract or statute, for which a similar claim would exist under the laws of this state, brought by a patient or the patient’s authorized legal representative, for damages suffered by the patient; or” (b) “An out-of-state action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena.”
ORS 24.500(3); UTCR 5.140(4)The same declaration or affidavit also carries two certifications by the serving party. Rule 55 D(4)(a)(iii): “The party must certify that either no written objection was made within 14 days, or objections made were resolved and the command in the subpoena is consistent with that resolution; and” (iv) “The party must certify that the person or the person’s representative was or will be permitted, promptly on request, to inspect and copy any CHI received.”
ORCP 55 D(4)(a)(iii)–(iv)Under 45 C.F.R. 164.512(e)(1)(i), a covered entity may disclose “In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order; or” Paragraph (e)(1)(ii) covers disclosure “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if:” and then requires one of two assurances.
45 C.F.R. 164.512(e)(1)(i)–(ii)Rule 55 D(6)(a): when the subpoena directs CHI to the attorney or party that issued it, “a copy of the subpoena must be served on the person whose CHI is sought, and on all other parties to the litigation that are not in default, not less than 14 days prior to service of the subpoena on the custodian or keeper of the records”.
ORCP 55 D(6)(a)Rule 55 D(8)(a): “A custodian of CHI who is not a party to the litigation connected to the subpoena, and who is not required to attend and testify, may comply by mailing or otherwise delivering a true and correct copy of all CHI subpoenaed within five days after the subpoena is received, along with a declaration that complies with paragraph D(8)(b) of this rule.”
ORCP 55 D(8)(a)Tell us early if the records are medical, so the dates leave room for the patient notice.
Get a Free Quote Online →Each of these points comes from Oregon’s rules and statutes.
Before service, we check the subpoena we prepare and the service plan against the rule and raise anything that needs your input. A motion comes later; we tell you which county’s court hears it.
Search or pick the county where the discovery will be conducted to see which circuit court issues the subpoena there, then start a quote; the directory below lists all 36 counties.
The Oregon Judicial Department court locations lists each court under its county.
How Washington, Idaho, Nevada and California treat a foreign subpoena beside Oregon’s Rule 38 C: the governing law, whether it requires a local attorney and who issues the subpoena, each from that state’s own text. “No” rests on that state’s own text; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Oregon | ORCP 38 C (Council on Court Procedures; last amended CCP 12/8/18) | No | Clerk of court, discovery county |
| Washington | RCW ch. 5.51 (2012 c 95; 2023 c 193) | Check | Clerk of court, discovery county |
| Idaho | I.R.C.P. 45(j), a court rule effective July 1, 2009 (current text July 1, 2016) | No | Clerk of court, discovery county |
| Nevada | NRS 53.100 to 53.200 (2011) | Check | Clerk of court, discovery county |
| California | Cal. Code Civ. Proc. §§ 2029.100 to 2029.900 (Stats. 2008 ch. 231) | No | Clerk of the superior court, discovery county (or a California attorney) |
Short answers on filing, service, witnesses and cost in Oregon. For the wider picture, see our Subpoena Domestication FAQ. General information, not legal advice.
No. Under Rule 38 C(4), asking the clerk for the subpoena is not an appearance, though the court may still sanction a violation of law tied to the subpoena. A motion to quash, modify, enforce or protect, or a response to one, is an appearance under subsection (5). The rule section quotes both subsections.
Yes. Rule 38 C(1)(b) counts a federally recognized Indian tribe as a state, so a subpoena issued under a tribal court of record’s authority qualifies. It then goes to the clerk in the discovery county like any other foreign subpoena; the definitions card quotes both parts of the rule.
Use the county where the discovery will be conducted, per Rule 38 C(2)(a); where the out-of-state case sits does not matter. Most of Portland is in Multnomah, Eugene is in Lane, and Beaverton and Hillsboro are in Washington County. The county finder matches a town to its circuit court.
Not under Rule 38 C. Rule 38 C(2)(a) lets a party or attorney make the request, and Rule 38 C(2)(b) gives a retained Oregon lawyer an optional drafting role only. The OJD petition has an OSB# line, and whether a clerk takes it without one is not settled; the petition card says how we handle it.
Because the rule says so: UTCR 21.070(3) puts a foreign subpoena under UTCR 5.140(1) on its list of conventional filings, and UTCR 21.140 lifts an Oregon lawyer’s usual electronic duty for that list. Clackamas and Washington counties repeat it locally; see Paper, Not E-Filing.
Two more items under the rule, UTCR 5.140(1): a completed Oregon subpoena, as an original with copies, and the OJD petition asking for issuance. Each lawyer and self-represented party goes on the subpoena with an email and phone. The rule section quotes the rule’s own words.
Yes. Rule 55 A(4) lets a party, the party’s attorney or any other adult 18 or older serve it, so no sheriff is required. Our servers handle Oregon service when you order it with the domestication, and the signed certificate comes back to you; see who serves it.
Only in two cases: a documents subpoena with no command to testify, and a witness who waives personal service on the terms Rule 55 B(2)(c) sets. Otherwise Rule 55 B(2)(a) has a witness 14 or older personally handed the subpoena with the fees, and our server does that in person; see personal delivery.
It names what was served and when, where and how it was delivered, the same proof Rule 7 uses for a summons. Rule 55 A(5) adopts that proof for subpoenas with one change for the server. Our server signs it and we send it with your order; see proof of service.
When the business is named as a deponent, the way Rule 7 serves a summons on an organization: Rule 55 B(2)(d) borrows that method and adds one day’s fees and mileage. A records-only subpoena follows the documents card instead. Give us a registered agent or officer if you have one; the organization card quotes the rule.
Before the record holder gets it. Rule 55 C(3)(a) puts a gap of a week or more between serving every party not in default and serving the holder, and only a court order shortens it. Sending that copy is your side’s step, and we time our service after it; see the records timing card.
$30 a day plus 25 cents a mile under the statute, ORS 44.415(1), with mileage capped at common-carrier cost; a case with a public body as a party pays $5 and eight cents. Unless the witness declines, the money goes with the subpoena; see witness fees.
Not without a court order. Under Rule 55 A(6)(c), a nonparty Oregon resident attends only in the county where the person lives, works or does business in person, so a witness who lives and works in Portland is not sent to Medford on the subpoena alone. See the county limit.
Fourteen days after service is the outside limit under Rule 55 A(7), and an earlier date to appear or produce cuts the window short. The count skips the service day and rolls past a weekend or legal holiday at the end, which the calculator applies for you.
The test is whether the subpoena is unreasonable and oppressive, under Rule 55 A(7), and on that showing the court can modify the subpoena rather than quash it outright. The motion goes to the discovery county’s court, so plan who will argue it there; see motions to quash.
Rule 55 D adds patient notice with 14 days to object, or a qualified protective order, before the custodian has to produce. ORS 24.500(3) adds a written declaration when the subpoena relates to gender-affirming or reproductive care permitted under Oregon law, and the federal privacy rule applies too. See records and medical subpoenas.
Document preparation, the clerk’s fee and service if you order it, plus any witness tender Rule 55 B(2)(a) calls for. The order form takes the foreign subpoena as an upload, so the quote is built from your actual papers and the route they take.
No. Rule 38 C(2)(b) has the clerk issue the subpoena promptly, in accordance with that court’s procedure and requirements, and names no day count, so the timing differs from one county to the next. Put your deadline on the quote form; the route shows where that step sits.
Three weeks at the least, unless a court order shortens it. The parties get their copy a week before the holder does, and the holder then has two weeks or more to produce, per Rule 55 C(3). Health records sent to the requesting side add the Rule 55 D(6)(a) copy rule on top; see the records timing card.
No, unless the witness declines payment. Under Rule 55 A(6)(b), the fees and mileage are handed over at service, or the duty to appear never arises at all. We advance the amount ORS 44.415 sets and list it as its own line on your written quote; see the tender.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
Questions? Call (800) 321-2377
Nearby States: Washington · Idaho · Nevada
