SLR 4-4.018: MATERIAL WITNESS WARRANTS AND PROCEDURE

(1) A party seeking a material witness order pursuant to ORS 136.608(1)(a) or (c), shall follow the procedures below: (a) When the party wishes to approach the court ex parte in an effort to prevent disclosure of the order or warrant to the potential witness, the party shall present the application material to the Chief Criminal Judge. (i) The application must establish good cause for the party to approach the court ex parte. (ii) Upon service of the material witness order or warrant, the moving party must notify opposing counsel of the service and of any hearings scheduled regarding the matter. (b) If the case has been assigned to a judge for trial purposes, and the party is not seeking to approach the court ex parte, the material witness application shall be presented to the assigned judge after providing notice to opposing counsel. In the event the assigned judge is unavailable, the party can present the application to the Presiding Judge or Chief Criminal Judge. (2) At an arraignment, counsel may be appointed and a material witness hearing pursuant to ORS 136.612 will be set with the trial judge or the Chief Criminal Judge or their designee. The material witness will be provided written notice of the hearing date, time, and location. If the material witness is in custody, the hearing pursuant to ORS 136.612 will be set the next business day unless good cause is shown. Pending that hearing, bail will remain as previously set pursuant to ORS 136.612(2), and the material witness will be detained. (3) If a judge other than the trial judge presides over a material witness hearing pursuant to ORS 136.612, that judge remains the supervising authority over all matters related to the material witness until a trial judge is assigned. Once a trial judge is assigned, all matters related to the material witness shall be heard by the trial judge.