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Oregon Revised Statutes

Or. Rev. Stat. § 136.563 (2026)

Issuance of subpoena by district attorney for witnesses before grand jury

✓ current as of May 2026
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      136.563 Issuance of subpoena by district attorney for witnesses before grand jury. The district attorney may issue subpoenas subscribed by the district attorney for witnesses within the state in support of the prosecution or for such other witnesses as the grand jury directs to appear before the grand jury upon an investigation pending before it. [Formerly 139.030]

Notes of Decisions
Cited in 6 cases, 1982–2014 · leading case: State v. Sparks, 340 P.3d 688 (Or. Ct. App. 2014).
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State v. Sparks, 340 P.3d 688 (Or. Ct. App. 2014). · cites it 8× “We turn next to defendant’s argument that the trial court erred in denying his motion to suppress because the state obtained the subpoena unlawfully.”
Dunwoody v. Handskill Corp., 60 P.3d 1135 (Or. Ct. App. 2003). · cites it 2× “” Similarly, ORS 136.563 provides district attorneys with authority to subpoena witnesses to testify before a grand jury.”
State v. Burleson, 160 P.3d 624 (Or. 2007). · cites it 2× “” ORS 136.563. Although, as we observed, the grand jury works with the prosecutor, this court has determined that the grand jury, not the prosecutor, is the actor that drives the investigative process of the grand jury.”
State v. Magana, 159 P.3d 1163 (Or. Ct. App. 2007). “As such, the records were the proper *569 objects of a subpoena under ORCP 55, ORS 136.563, and ORS 136.580(1), and disclosure of business records does not constitute a search.”
State Ex Rel. Upham v. Bonebrake, 736 P.2d 1020 (Or. 1987). · cites it 2× “The district attorney’s subpena power is set out in ORS 136.563 and ORS 136.565. ORS 136.563 provides: “The district attorney may issue subpenas subscribed by the district attorney for witnesses within the state in support of the prosecution or for such other witnesses as the…”
State ex rel Frohnmayer v. Sams, 648 P.2d 364 (Or. 1982). “” ORS 136.563. The inquisitorial power to compel testimony resides in the grand jury, not in the district attorney.”
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