Subpoenas in Oregon: What You Need to Know

If you have received a subpoena or need to issue one in your court case, this article explains what a subpoena is, what to do if you get one, and how to issue one yourself. 

What is a subpoena? 

A subpoena is a legal document in a court case that requires someone to do one or more of the following:  

• Testify: Show up and answer questions as a witness at a trial, hearing, or deposition (a formal interview under oath, usually held in a lawyer's office).
• Turn over documents or other evidence: This type of subpoena is sometimes called a subpoena duces tecum, which simply means you must provide certain papers or records.
• Do both: A subpoena may require you to bring documents and answer questions at a proceeding.  

Subpoenas are used in criminal cases (where someone is accused of a crime) and civil cases (disagreements between people or businesses, such as lawsuits over money, property, or child custody).  

A subpoena is aimed at getting testimony or documents from someone who may or may not be a party in the case.  

Does a subpoena mean you are in trouble? 

No. A subpoena is a serious legal document, but it does not mean you are in trouble. It usually just means that someone believes you have information or documents that are important to a court case.

For example, if you witnessed a crime, you might get a subpoena asking you to show up in court and testify about what you saw. Your testimony can help the district attorney prove what happened.

What to do if you get a subpoena 

If you get a subpoena, here’s what to do: 

1. Check that it’s valid.
2. Read it carefully to understand what it requires.
3. Keep the documents requested by the subpoena.
4. Talk to a lawyer if you have concerns about obeying the subpoena.
5. Respond to the subpoena by objecting, providing documents, or testifying in court or at a deposition.  

Learn more about responding to a subpoena in our article on what to do if you get a subpoena.  

How to issue a subpoena in civil or family law cases 

If you are involved in a non-criminal court case (called a civil case) and you need to force someone to testify or hand over documents, you can get a subpoena from the court. 

Here are the steps: 

1. Get the subpoena form from your circuit court.
2. Fill it out.
3. Get your circuit court to issue the subpoena.
4. Serve the subpoena on the witness.
5. File proof of service with the court. 

Learn more about these steps in our guide to issuing a subpoena without a lawyer. 

How to issue a subpoena in criminal cases  

If you are involved in a criminal case, you generally will not need to handle subpoenas yourself. The District Attorney's office takes care of subpoenas for the prosecution, and if you are the defendant, your attorney will handle it for you. It is strongly recommended that you do not represent yourself in a criminal case.  

Need help with subpoenas?   

If you have questions about subpoenas, you can:  

• Contact your local court clerk: Clerks work for Oregon’s circuit courts. They can issue subpoenas, explain basic court procedures, and help you find the right forms. Find your local circuit court here.
• Talk to a lawyer: If you do not have one, you can call Oregon’s Lawyer Referral Service to get connected with a lawyer who can help.   

Further reading   

• BarBooks: The Oregon State Bar (OSB) produces legal guides for attorneys called BarBooks. Oregon Civil Pleading and Litigation covers subpoenas. Oregon State Bar licensees can access these books through their OSB login, while others may access them for free at a law library.
• State court rules: The Oregon Rules of Civil Procedure apply. Rules 38 and 55 cover subpoenas for trial and depositions.
• Federal court rules: The Federal Rules of Civil Procedure apply. Rule 45 talks about subpoenas.