The Oregon State Police is frequently asked how it will accept service of subpoenas. Below is an informational overview. This is not legal advice and should not be understood as such. You should consult with an attorney and/or review applicable laws and rules on your own to determine how to serve subpoenas on the department and its employees.
Oregon State Police and its employees are obligated to comply only with subpoenas served in accordance with applicable law. It is the responsibility of the party serving the subpoena to ensure that the subpoena and its service meet legal requirements. Depending on the nature of the case, the laws relating to subpoenas and subpoena service are generally found in the Oregon Rules of Civil Procedure, the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Oregon Revised Statutes, the Oregon Uniform Trial Court Rules, and/or the Oregon Uniform Interstate Depositions and Discovery Act.
Subpoena service for a civil lawsuit in Oregon courts
For a civil lawsuit in state court, subpoena service is governed by Rule 55 of the Oregon Rules of Civil Procedure (ORCP). A party seeking to serve a subpoena on the OSP should review these rules before attempting to serve a subpoena on the Oregon State Police or any of its employees.
Oregon State Police does not generally waive the requirement for personal service of subpoenas. The party serving the subpoena must follow ORCP Rule 55(B)(2)(c) or (C)(2)to legally serve a subpoena by mail.
Oregon State Police does not waive payment of witness fees and mileage. The current rate is $30 for one day and $0.25 per mile* (Oregon Revised Statutes 44.415), which must be provided at the time of service. Checks should be made out to Oregon State Police, with “subpoena for [name of employee or records]" on the note/memo line.
For purposes of substituted service, the Oregon State Police designates any staff member assigned to the reception desk located at General Headquarters, in Salem, Oregon, to receive personal service of all civil subpoenas being issued to peace officers of the Oregon State Police.
You may contact risk@osp.oregon.gov to obtain the individual's work address for personal service.
*If a public body is a party to the case, then the witness fee is $5, and the mileage reimbursement rate is $0.08.
Subpoena service for a civil lawsuit in Federal court
For subpoenas issued in the course of a civil lawsuit filed in Federal court, Federal Rule of Civil Procedure 45 applies. A party serving a subpoena should refer to these rules before attempting to serve it on the Oregon State Police or its employees.
Note: There is no federal provision for substitution of service to a designated individual. However, Oregon State Police will generally accept a Federal civil subpoena for records by email and, if an individual employee agrees in writing, will accept a subpoena for appearance by email. Please send a “read receipt" with your emailed subpoena and await confirmation of the Oregon State Police's receipt. If you do not receive confirmation, then the service should not be considered complete.
Payment of fees for one day of attendance and mileage allowed by law is also required at the time of service, unless the issuing party is the United States or its offices/agencies. The fees are set forth in 28 U.S. Code § 1281.
Subpoena service for civil lawsuits from other states
A subpoena that derives from a civil lawsuit in another state is known as a “foreign subpoena." Oregon, among other states, has adopted the Uniform Interstate Depositions and Discovery Act, which provides a streamlined process for registering foreign subpoenas. Oregon State Police will only respond to subpoenas that comply with all of the terms of the Uniform Interstate Depositions and Discovery Act. See Oregon Rules of Civil Procedure Rule 38C.
Subpoena service for an Oregon criminal case
In a state of Oregon criminal case, subpoenas must comply with the requirements set out in Oregon Revised Statutes 136.555 to 136.603. The party serving a subpoena should refer to this statute before attempting to issue a subpoena to the Oregon State Police or its employees.
For purposes of substituted service, the Oregon State Police designates any staff member assigned to the reception desk located at General Headquarters, in Salem, Oregon, to receive personal service of all Oregon criminal subpoenas being issued to peace officers of the Oregon State Police. Otherwise, personal service is required for all criminal subpoenas served on the Oregon State Police or its employees.
Subpoena service for a Federal criminal case
Subpoena service in federal criminal matters is governed by the Federal Rules of Criminal Procedure Rule 17. The party serving the subpoena should refer to that source of authority before attempting to issue a subpoena to the Oregon State Police or its employees.
Please note that there is no federal provision for substitution of service to a designated individual, so personal service on the named employee remains a requirement.
Payment of fees for one day of attendance and legal mileage allowance is also required at the time of service, unless the issuing party is the United States or its offices/agencies. The fees are set forth in 28 U.S. Code § 1281.
Subpoena service for a criminal case from other states
Oregon State Police will respond only to out-of-state subpoenas if the issuing party fully complies with Oregon Revised Statutes 136.623 through 136.637.