136.820] ����� 136.510 [Amended by 1973 c.836 �237; renumbered 136.430] ����� 136.515 Order when evidence shows guilt; new accusatory instrument. If, from the evidence given on the trial, ther

136.820]

����� 136.510 [Amended by 1973 c.836 �237; renumbered 136.430]

����� 136.515 Order when evidence shows guilt; new accusatory instrument. If, from the evidence given on the trial, there is reasonable ground to believe the defendant guilty and a new accusatory instrument can be framed upon which the defendant may be convicted, the court shall order the defendant to be recommitted to custody or released and to answer the new accusatory instrument, if one is found; and if the evidence shows the defendant to be guilty of another offense than that charged in the accusatory instrument, the defendant shall in like manner be committed or held thereon. In neither case is the verdict a bar to another action for the same crime. [Formerly 136.830]

����� 136.520 [Renumbered 136.415]

����� 136.525 Order when evidence is insufficient; acquittal. If the evidence appears insufficient to charge the defendant with any offense, the defendant shall, if in custody, be discharged or, if the defendant has been released or deposited money in lieu thereof, the release agreement of the defendant is exonerated or the money of the defendant shall be refunded to the defendant; and in such case, the arrest of judgment operates as an acquittal of the charge upon which the accusatory instrument was founded. [Formerly 136.840]

����� 136.530 [Renumbered 136.420]

����� 136.535 New trial; application of ORCP 64 F to motion in arrest of judgment. (1) Except that a new trial may not be granted on application of the state, ORS 19.430 and ORCP 64 A, B and D to G apply to and regulate new trials in criminal actions.

����� (2) The provisions of ORCP 64 F governing motions for a new trial apply to and regulate motions in arrest of judgment in criminal actions. [Formerly 136.851; 1979 c.284 �114; 2003 c.288 �1; 2009 c.112 �1]

����� 136.540 [Amended by 1957 c.567 �1; renumbered 136.425]

����� 136.545 [1963 c.511 �2; 1973 c.836 �238; renumbered 136.435]

����� 136.550 [Amended by 1973 c.836 �239; renumbered 136.440]

WITNESSES

(Generally)

����� 136.555 Subpoena defined. The process by which the attendance of a witness before a court or magistrate is required is a subpoena. [Formerly 139.010]

����� 136.557 Issuance of subpoena by magistrate for witnesses at preliminary examination. A magistrate before whom an information is laid or complaint made may issue subpoenas subscribed by the magistrate for witnesses within the state, either on behalf of the state or of the defendant. [Formerly 139.020]

����� 136.560 [Amended by 1957 c.551 �1; 1959 c.302 �1; repealed by 1971 c.743 �432]

����� 136.563 Issuance of subpoena by district attorney for witnesses before grand jury. The district attorney may issue subpoenas subscribed by the district attorney for witnesses within the state in support of the prosecution or for such other witnesses as the grand jury directs to appear before the grand jury upon an investigation pending before it. [Formerly 139.030]

����� 136.565 Issuance of subpoena by district attorney for witnesses at trial. The district attorney may issue subpoenas subscribed by the district attorney for not to exceed 10 witnesses within the state in support of an indictment to appear before the court at which it is to be tried. [Formerly 139.040]

����� 136.567 Issuance of subpoena for witnesses for defendant; bar to dismissal. (1) A defendant in a criminal action is entitled, at the expense of the state or city, to have subpoenas issued for not to exceed 10 witnesses within the state. A defendant is entitled, at the expense of the defendant, to have subpoenas issued for any number of additional witnesses without an order of the court. The defendant is responsible for the costs of serving the subpoenas and for the costs, as provided in ORS 136.602, of witness per diem and mileage and for expenses allowed under ORS 136.603.

����� (2) Any subpoena that a defendant in a criminal action is entitled to have issued shall be issued:

����� (a) Upon application of the defendant, by the clerk of the court in which the criminal action is pending for trial, and in blank, under the seal of the court and subscribed by the clerk; or

����� (b) By an attorney of record of the defendant, and subscribed by the attorney.

����� (3) A prosecution for violation of ORS 813.010 may not be dismissed based solely on the unavailability of a witness who was subpoenaed by the defendant to provide testimony with respect to an instrument that was used to test a person�s breath, blood or urine to determine the alcoholic content of the person�s blood. This subsection does not apply to the subpoena of an officer or employee of a public body, as defined in ORS 174.109. [Formerly 139.050; 1977 c.746 �4; 1981 c.174 �1; 1987 c.606 �2; 1989 c.171 �17; 2007 c.581 �3]

����� 136.570 Application for subpoenas for more than 10 witnesses. If either party in a criminal action desires more than 10 witnesses, as provided in ORS 136.565 and 136.567, application therefor shall be made to the court or judge thereof by motion for an order allowing the issuance of subpoenas for such additional witnesses, which motion shall be supported either by the statement of the district attorney or city attorney in writing or by the affidavit of the defendant. The statement or affidavit shall state the names of such witnesses, their places of residence and the facts expected to be proved by each of them. The court or judge thereof shall make an order allowing the issuance of subpoenas for so many of such witnesses as appear from such statement or affidavit to be necessary and material to a fair, full and impartial trial. [Formerly 139.060; 1977 c.746 �5]

����� 136.575 Forms of subpoenas. Subpoenas authorized by ORS 136.557 to 136.567 shall be substantially in the following form:

����� (1) By a magistrate:

______________________________________________________________________________

IN THE NAME OF THE

STATE OF OREGON

(or CITY OF ______)

To A______ B______:

����� You are hereby commanded to appear before C. D., (adding the name of office and place of jurisdiction), at (naming the place), on (stating the day and hour), as a witness on the examination of a criminal charge against E. F. on behalf of (the state, city or the defendant, as the case may be).

����� Dated the ___ day of ______, 2___.

G. H.

����� (Adding the name of office and place of jurisdiction, as in the body of the subpoena.)

______________________________________________________________________________

����� (2) By the district attorney:

______________________________________________________________________________

IN THE NAME OF THE

STATE OF OREGON

To A______ B______:

����� You are hereby commanded to appear before (the grand jury of the County of ______ or the Circuit Court for the County of ______, as the case may be), at (naming the place), on (stating the day and hour), as a witness (before the grand jury or in a criminal action prosecuted by the State of Oregon against E. F., as the case may be).

����� Dated the ___ day of ______, 2___.

G. H., District Attorney.

______________________________________________________________________________

����� (3) By the city attorney:

______________________________________________________________________________

IN THE NAME OF THE

CITY OF ______

To A______ B______:

����� You are hereby commanded to appear before the Municipal Court for the City of ______, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the City of ______ against E. F.

����� Dated the ___ day of ______, 2___.

G. H., City Attorney.

______________________________________________________________________________

����� (4) By the clerk:

______________________________________________________________________________

IN THE NAME OF THE

STATE OF OREGON

To A______ B______:

����� You are hereby commanded to appear before the Circuit Court for the County of ______ at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the State of Oregon against E. F. on behalf of the defendant.

����� Witness my name and the seal of said court, affixed at ______, the ___ day of ______, 2___.

G. H., Clerk.

______________________________________________________________________________

����� (5) By the clerk of a municipal court:

______________________________________________________________________________

IN THE NAME OF THE

CITY OF ______

To A______ B______:

����� You are hereby commanded to appear before the Municipal Court for the City of ______ at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the City of ______ against E. F. on behalf of the defendant.

����� Witness my name and seal of said court, affixed at ______, the ___ day of ______, 2___.

G. H., Clerk.

______________________________________________________________________________

����� (6) By an attorney of record of a defendant:

______________________________________________________________________________

IN THE NAME OF THE

STATE OF OREGON

(or CITY OF ______)

To A______ B______:

����� You are hereby commanded to appear before (the Circuit Court for the County of ______ or the Municipal Court for the City of ______, as the case may be) at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the (State of Oregon or the City of ______, as the case may be) against E. F. on behalf of the defendant.

����� Dated the ___ day of ______, 2___.

G. H., Attorney of Record of Defendant.

______________________________________________________________________________ [Formerly 139.070; 1977 c.746 �6; 1981 c.174 �2]

����� 136.580 Subpoenas when books, papers or documents are required. (1) If books, papers or documents are required, a direction to the following effect shall be added to the form provided in ORS 136.575: �And you are required, also, to bring with you the following: (describing intelligibly the books, papers or documents required).�

����� (2) Upon the motion of the state or the defendant, the court may direct that the books, papers or documents described in the subpoena be produced before the court prior to the trial or prior to the time when the books, papers or documents are to be offered in evidence and may, upon production, permit the books, papers or documents to be inspected and copied by the state or the defendant and the state�s or the defendant�s attorneys. [Formerly 139.080; 1993 c.304 �1]

����� 136.583 Seizure or production of papers, documents or records from recipient; notice; authentication. (1) Notwithstanding ORS 136.557, 136.563, 136.565 or 136.567 and subject to ORS