Oregon adopted the Uniform Interstate Depositions and Discovery Act through Oregon Rule of Civil Procedure 38 C, effective January 1, 2014, with implementing procedures at Uniform Trial Court Rule 5.140. Together, those two rules give out-of-state litigants a ministerial path to obtain a fully enforceable Oregon subpoena for depositions, document production, ESI, and business records — without opening a new Oregon lawsuit and without appearing as counsel in an Oregon court.
| To domesticate an out-of-state subpoena in Oregon, the requesting attorney files the foreign subpoena, a fully completed Oregon subpoena (with two copies), and a Declaration and Request for Issuance under ORCP 38 C in the circuit court of the county where discovery is sought. The clerk assigns a case number and issues the Oregon subpoena administratively. |
| Recency note. Current as of November 2025. ORCP 38 C and UTCR 5.140 are subject to periodic amendment by the Oregon Council on Court Procedures and the Chief Justice. Filing fees and county-specific intake practices vary and change without statewide notice; confirm with the destination county clerk before filing. |
Countrywide Process
June 01, 2026
| Element | Oregon Requirement |
|---|---|
| Governing Authority | ORCP 38 C (Oregon UIDDA); UTCR 5.140 (procedural mechanics) |
| Effective Date | January 1, 2014 |
| Filing Venue | Circuit court of the Oregon county where the witness, records custodian, business, or premises is located |
| Required Filing Package | Original foreign subpoena + fully completed Oregon subpoena + two copies + Declaration and Request for Issuance of a Subpoena Pursuant to ORCP 38 C |
| Clerk Action | Ministerial — assigns case number and issues the Oregon subpoena; no judicial review absent dispute |
| Local Counsel Required? | No — request for subpoena does not constitute an appearance (ORCP 38 C(4)) |
| Service Rules | ORCP 55 (subpoena form, service, and witness fee tender) |
| Witness Fee | $30/day plus mileage at the federal rate under 28 U.S.C. § 1821, tendered at service (ORS 44.415(1), as amended 2023) |
| Motion Practice | Motions to quash, modify, or compel filed in the issuing Oregon circuit court; constitutes an appearance (ORCP 38 C(5)) |
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ORCP 38 C(2) requires that the issued Oregon subpoena incorporate the terms of the foreign subpoena and contain the contact information for all attorneys of record and self-represented parties in the underlying out-of-state case. Under ORCP 38 C(3), Oregon law governs the subpoena once issued — including service standards, scope of permissible discovery, privilege analysis, and enforcement. The originating state’s procedural law does not follow the subpoena across the border.
In practice, this is a one-counter filing. The clerk does not evaluate the merits of the discovery; the clerk verifies the package is complete and assigns a miscellaneous case number. The Oregon subpoena that comes back out of the clerk’s office is functionally identical to a subpoena originally issued by an Oregon court.
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The Declaration carries three attestations under UTCR 5.140(1): that the foreign subpoena was issued by a court of record of a UIDDA state as defined in ORCP 38 C(1)(b); that the completed Oregon subpoena complies with the ORCP, including ORCP 55; and that the attorney signing is a party attorney of record in the foreign case. Filing the Declaration alone does not constitute an appearance under ORCP 38 C(4); appearance attaches only when a party later files a motion related to the subpoena.
Operational pro-tip — the two-copy rule
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The five highest-volume UIDDA destinations in Oregon track population and headquartered corporate registered agents. Multnomah County (Portland) handles the largest share, driven by the Portland metro’s concentration of corporate registered agents, financial institutions, and medical record custodians. Washington County (Hillsboro) is the second-largest destination, anchored by the technology corridor headquartered in Hillsboro and Beaverton. Marion County (Salem) draws state-agency and lobbying-related discovery. Lane County (Eugene) and Deschutes County (Bend) round out the top five.
| County | Circuit Court Seat | Typical UIDDA Subpoena Targets |
|---|---|---|
| Multnomah | Portland | Corporate registered agents; banks; major hospital systems |
| Washington | Hillsboro | Tech-sector custodians of records; semiconductor and athletic-apparel headquarters |
| Marion | Salem | State agencies; lobbying and policy-firm records |
| Lane | Eugene | University-affiliated records; regional healthcare systems |
| Deschutes | Bend | Central Oregon witnesses; outdoor-industry corporate custodians |
If discovery sweeps custodians in multiple counties — a common pattern for product-liability and employment cases — separate ORCP 38 C filings are required in each county. Filing the same foreign subpoena package in Multnomah does not give effect to a subpoena directed at a Lane County witness.
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On top of the filing fee, the requesting party tenders the witness fee at service. Under ORS 44.415(1), as amended by 2023 Oregon Laws Chapter 196 (HB 2427), an Oregon witness in a civil proceeding is entitled to $30 per day plus mileage reimbursement at the per-mile rate allowed to federal-court witnesses under 28 U.S.C. § 1821. The mileage rate moves with the federal rate rather than the prior fixed 25-cent rate. ORCP 55 D requires the fee to be offered at the time the subpoena is served; failure to tender renders service insufficient.
Inference, based on the volume of UIDDA filings Countrywide processes across the U.S. — Oregon’s county-by-county fee variance is wider than most UIDDA states. Some clerks charge nothing beyond a clerk-issuance fee; others open a case file. Confirming the fee schedule with the destination county before filing avoids check-bounce and re-filing delay.
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ORCP 55 D(2) allows service by certified or registered mail in limited circumstances, but personal service is the practical standard for any subpoena likely to draw an objection. For peace officers, ORCP 55 D includes a specific substitute-service mechanism on the law enforcement agency that employs the officer, with at least 10 days’ notice. For subpoenas seeking individually identifiable health information, ORCP 55 H requires advance notice to the patient or the patient’s attorney 24 hours before service on the custodian — a step that catches out-of-state attorneys unfamiliar with the Oregon-specific timing.
| Operational pro-tip — the ORCP 55 H 24-hour rule
ORCP 55 H is the most-missed step on out-of-state medical-records subpoenas in Oregon. When the subpoena seeks individually identifiable health information, advance notice to the patient or the patient’s attorney must occur at least 24 hours before service on the custodian. Skipping it gives the custodian a clean basis to withhold production until service is re-done correctly. Build the 24-hour window into the service-scheduling worksheet, not into the field-agent run order. |
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Oregon law — not the law of the originating state — governs the substantive analysis. ORCP 38 C(3) is explicit on this point. A motion to quash based on Oregon’s medical-records privilege at ORS 40.235, or on the journalist’s privilege at ORS 44.510 to 44.540, is decided under Oregon substantive law even if the underlying litigation is in California, Texas, or New York. Out-of-state counsel familiar with the originating state’s privilege scope sometimes finds Oregon’s contours materially different, particularly for medical records and for communications with reproductive-health and gender-affirming-care providers under ORS 24.500 (the 2023 statute restricting issuance of foreign subpoenas in defined cross-border-care matters).
Both states adopted the UIDDA framework with mechanically similar workflows, but the procedural anchors differ. Oregon codified UIDDA in ORCP 38 C and UTCR 5.140; California codified it in CCP §§ 2029.100 to 2029.900. Oregon requires the Declaration and Request for Issuance form; California requires a comparable application but no pre-printed declaration template.
| Dimension | Oregon | California |
|---|---|---|
| Statutory Anchor | ORCP 38 C; UTCR 5.140 | CCP §§ 2029.100–2029.900 |
| Effective Date | January 1, 2014 | January 1, 2010 |
| Filing Form | Declaration and Request for Issuance of a Subpoena Pursuant to ORCP 38 C (mandatory template) | Application for issuance with foreign subpoena attached; no statewide mandatory template |
| Filing Venue | Circuit court of destination county | Superior court of the county where discovery is sought |
| Witness Fee | $30/day + federal-rate mileage (ORS 44.415) | $35/day + $0.20/mile (Govt. Code § 68093) |
| Local-Counsel Trigger | Filing the request is not an appearance; motions are (ORCP 38 C(4)-(5)) | Substantively similar — issuance is ministerial; motions invoke California jurisdiction |
| Ready to domesticate an Oregon subpoena?
Countrywide Process prepares the compliant Oregon UIDDA package — the fully completed Oregon subpoena, the two required copies, and the Declaration and Request for Issuance — files in the correct circuit court for the destination county, advances applicable filing fees, and coordinates ORCP 55-compliant service with the statutory witness-fee tender. The Oregon order ships with real-time status tracking and digital proof. Counsel retains full control of the substantive legal content; we handle the procedural execution. Call: (888) 962-9696 Less Chaos, More Control — Let Countrywide Take the Lead |
This article is provided for informational purposes only and does not constitute legal advice. Statutes and rules referenced include Oregon Rule of Civil Procedure 38 C; Uniform Trial Court Rule 5.140; Oregon Rule of Civil Procedure 55; ORS 21.135; ORS 24.500; ORS 40.235; ORS 44.415 (as amended by 2023 Or. Laws ch. 196); ORS 44.510 to 44.540; California Code of Civil Procedure §§ 2029.100–2029.900; California Government Code § 68093; UTCR 3.170; and 28 U.S.C. § 1821. Oregon procedural rules are subject to amendment by the Council on Court Procedures and the Chief Justice; county filing practices vary. Confirm current rules and fees with primary sources and the destination court clerk before filing. Countrywide Process is a process-serving and legal-support company; it does not provide legal advice and does not draft subpoena content.
| Yes. Oregon adopted the Uniform Interstate Depositions and Discovery Act through ORCP 38 C, effective January 1, 2014, with procedural mechanics at UTCR 5.140. Subpoenas issued by a court of record in any other UIDDA state can be domesticated in Oregon through the ministerial clerk-issuance procedure, without opening a new Oregon case. |
| No, not for issuance. Under ORCP 38 C(4), filing the Declaration and Request for Issuance does not constitute an appearance in the Oregon court. Local counsel becomes relevant if a motion is filed — to quash, modify, compel, or for a protective order — because under ORCP 38 C(5) a motion-related filing is an appearance. Pro hac vice admission then proceeds under UTCR 3.170. |
| No. Once issued by the Oregon clerk, the subpoena’s reach is limited to Oregon. Service must occur in Oregon under ORCP 55 D. To reach a witness in another state, the requesting attorney domesticates the original foreign subpoena separately in that state’s UIDDA forum — Oregon’s clerk-issued subpoena does not carry interstate authority on its own. |
| Under ORS 44.415(1), as amended by 2023 Oregon Laws Chapter 196 (HB 2427), an Oregon civil witness is entitled to $30 per day plus mileage at the federal witness-fee rate under 28 U.S.C. § 1821. The mileage component now tracks the federal rate rather than the prior fixed 25 cents. Tender the fee at service under ORCP 55 D — service without tender is insufficient. |
| UTCR 5.140(2) provides a parallel ex parte mechanism. The party files a writ, mandate, commission, letter rogatory, or order from the foreign court — along with a petition and a registration order — with an Oregon circuit court. An active Oregon State Bar member presents the package in person at ex parte. Once registered, the matter receives a circuit court case number and process can issue. |
This article is part of the UIDDA — Oregon spoke in Countrywide Process’s interstate-discovery editorial cluster. It pairs with the foundational UIDDA explainer (the hub-adjacent pillar) and with sibling state-specific spokes that follow the same structure for the highest-volume domestication destinations.
