SLR 25-6.016: CRIMINAL SUBPOENA FOR PRETRIAL PRODUCTION OF RECORDS

(1) When a party wishes to issue a subpoena duces tecum pursuant to ORS 136.580 for production of records prior to the trial or prior to the time when the items are to be offered in evidence, the procedure for doing so is governed by this rule. A party may not issue such a subpoena duces tecum without first obtaining an authorizing order from the court. (2) Prior to issuance of a subpoena duces tecum, the party shall file a motion titled Motion for Court Authorization to Issue Subpoena Duces Tecum for Pretrial Production. A copy of the Motion shall be served on the opposing parties. Unless otherwise stipu lated, ex parte appearance is not allowed. (3) The Motion shall include: (a) A statement in the caption regarding whether either party requests a hearing (e.g., “Hearing Requested” or “No Party Requests a Hearing”); (b) A statement in the first paragraph identifying the type of records sought (e.g., DHS reports, counseling records, medical records, school records, etc.); (c) A brief summary of how the requested records are relevant to the issues in the case along with an Affidavit in support of the motion providing a basis for any factual assertions; (d) A statement of the legal authority for the issuance of the proposed subpoena duces tecum; (e) A copy of the proposed subpoena duces tecum with the date and time of the appearance left blank; and (f) A proposed Order authorizing the issuance of subpoenas duces tecum (or proposed Protective Order when appropriate). (4) Records shall be subpoenaed directly to the court. (5) Upon receipt the court will conduct an in -camera review prior to dissemination to the parties. The court may schedule a second hearing, if necessary, to assist in the in -camera review process. (6) In the event records are provided in error to a party rather than the court, the party in receipt of such records shall refrain from reviewing the records and immediately provide them to the court in a sealed envelope with a letter of explanation to the court. The letter of explanation shall be copied to all opposing parties.