136.608
Application procedure.
(1) The district attorney or the defendant may apply to the court for a
material witness order when:
(a) An indictment
has been filed, and is pending, against the defendant in a circuit court;
(b) A grand jury
proceeding has been commenced against the defendant; or
(c) A complainant’s
information or a district attorney’s information alleging that the defendant
has committed a felony has been filed, and is pending, in a court of competent
jurisdiction.
(2) The
application must be in writing and sworn to by the applicant. The request must
state facts establishing a reasonable belief that the person the applicant
desires to call as a witness:
(a) Possesses
information material to the determination of the action against the defendant;
and
(b) Will not
appear at the time when attendance of the witness is required.
(3) The applicant
shall file the application:
(a) If an
indictment has been filed, a grand jury proceeding has been commenced or the
defendant has been held to answer by any court to await the action of a grand
jury, in the circuit court in which the indictment is pending or by which the
grand jury has been impaneled; or
(b) If
information alleging the commission of a felony is pending in a court
authorized to hold a preliminary hearing, in that court or in the circuit court
that would have jurisdiction of the case upon holding the defendant to answer
to await the action of the grand jury.
(4) As used in
this section and ORS 136.612 and 136.614, “material witness order” means an
order finding a person to be a material witness in a pending criminal action
and fixing a security amount to be posted to secure future attendance of the
witness. [1995 c.657 §14]
Note: 136.608 to 136.614 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 136 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
136.609 [Formerly 139.160; 1977 c.746 §10;
repealed by 1995 c.657 §18]
136.610 [Amended by 1973 c.836 §241;
renumbered 136.450]
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 2008–2025 · leading case:
State v. Iseli, 458 P.3d 653 (Or. 2020).
State v. Iseli, 458 P.3d 653 (Or. 2020).
· cites it 2× “See generally ORS 136.608 - 136.612 (setting out procedure for seeking material witness warrant); ORS 33.”
State v. Fair, 302 P.3d 417 (Or. 2013).
“608 (providing for district attorney or defendant to apply to court for a material witness order; requiring sworn application establishing, inter alia, that person subject to order possesses information material to pending charge or grand jury pi'oceeding and will not appear…”
State v. Belden, 499 P.3d 783 (Or. 2021).
“See ORS 136.608 (describing case types in which the DA or the defendant may apply for a material witness order and excluding misdemeanors charged by information).”
State v. Sondenna, 194 P.3d 817 (Or. Ct. App. 2008).
· cites it 2× “” 4 On application of the district attorney, ORS 136.608 to 136.612 authorize the court to order the arrest of a material witness who “[w]ill not appear at the time when attendance of the witness is required.”
State v. Morgan, 339 Or. App. 470 (Or. Ct. App. 2025).
· cites it 2× “y assignment of error, defendant challenges the trial court’s pretrial ruling that M, a state’s witness, was unavailable for purposes of the confrontation right guaranteed by Article I, section 11, of the Oregon Constitution, contending that the state did not exhaust all…”
State v. Morgan, 339 Or. App. 470 (Or. Ct. App. 2025).
· cites it 2× “y assignment of error, defendant challenges the trial court’s pretrial ruling that M, a state’s witness, was unavailable for purposes of the confrontation right guaranteed by Article I, section 11, of the Oregon Constitution, contending that the state did not exhaust all…”
State v. Lira, 484 P.3d 1090 (Or. Ct. App. 2021).
· cites it 2× “As to the latter, in circumstances in which it is the sworn “reasonable belief” of a district attorney that a wit- ness who possesses “information material to the determi- nation of the action against the defendant” will not appear, ORS 136.608 authorizes the district attorney…”
— Or. Rev. Stat. § 136.608(1) — 1 case
State v. Lira, 484 P.3d 1090 (Or. Ct. App. 2021).
“As to the latter, in circumstances in which it is the sworn “reasonable belief” of a district attorney that a wit- ness who possesses “information material to the determi- nation of the action against the defendant” will not appear, ORS 136.608 authorizes the district attorney…”
— Or. Rev. Stat. § 136.608(2)(b) — 2 cases
State v. Sondenna, 194 P.3d 817 (Or. Ct. App. 2008).
“” 4 On application of the district attorney, ORS 136.608 to 136.612 authorize the court to order the arrest of a material witness who “[w]ill not appear at the time when attendance of the witness is required.”
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