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Oregon Revised Statutes

Or. Rev. Stat. § 135.085 (2026)

Subpoenaing witnesses

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      135.085 Subpoenaing witnesses. (1) The magistrate shall issue subpoenas for any witness within the state when requested by the district attorney or the defendant for the preliminary hearing.

      (2) If either party desires to subpoena more than five witnesses, application therefor shall be made in the manner provided in ORS 136.570. [Formerly 133.660; 1987 c.606 §1]

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1981–2021 · leading case: State v. Clark, 630 P.2d 810 (Or. 1981).
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State v. Clark, 630 P.2d 810 (Or. 1981). · cites it 2× “075; the right to subpoena witnesses, ORS 135.085; cross-examination of adverse witnesses, ORS 135.”
State v. Freeland, 667 P.2d 509 (Or. 1983). · cites it 2× “100; and ultimately, the right to the judgment of a trained judicial officer whether probable cause for the prosecution has been shown, based on evidence which the person to be charged could challenge or meet by opposing evidence or by his own statement, if he chose to do so.”
State v. Belleque, 494 P.3d 1004 (Or. Ct. App. 2021). “075; the right to subpoena witnesses, ORS 135.085; cross-examination of adverse witnesses, ORS 135.”
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