Key Oregon Statutory Takeaways
- Oregon codified the Uniform Interstate Depositions and Discovery Act (UIDDA) directly into Oregon Rule of Civil Procedure (ORCP) 55 C.
- Under ORCP 55 C(3), submitting a foreign subpoena to an Oregon Circuit Court clerk (or having an active Oregon State Bar member issue an Oregon subpoena attached to the foreign subpoena) does NOT constitute an appearance in the courts of Oregon.
- Once issued under ORCP 55 C, the Oregon subpoena must be served in strict compliance with ORCP 55 B and D—including tendering ORS 44.415 witness fees ($30/day + $0.25/mile) and observing ORCP 55 D pre-service notice periods.
- When an Oregon Circuit Court lawsuit requires serving a defendant located outside Oregon, ORCP 7 D(5) permits service outside the state in any manner specified in ORCP 7 D by a person qualified to serve summons in either Oregon or the jurisdiction where service is made.
How to Domesticate an Out-of-State Subpoena in Oregon Under ORCP 55 C (UIDDA)
When a lawsuit pending in California, Washington, Texas, New York, or any other state requires testimony or business records from a witness, corporation, hospital, or bank located in Oregon, you cannot simply serve an out-of-state subpoena directly on an Oregon resident. Instead, the foreign subpoena must be domesticated under Oregon Rule of Civil Procedure (ORCP) 55 C, which implements the Uniform Interstate Depositions and Discovery Act (UIDDA) in Oregon.
ORCP 55 C(3) provides two streamlined paths to issue an enforceable Oregon subpoena based on a foreign subpoena—neither of which requires filing a formal miscellaneous lawsuit or hiring local counsel to enter a general appearance:
Path 1 — Issuance by the Oregon Circuit Court Clerk (ORCP 55 C(3)(a)): A party or attorney submits the foreign subpoena to the clerk of the Circuit Court in the Oregon county where discovery is to be conducted (for example, Multnomah County Circuit Court for Portland witnesses, Washington County Circuit Court for Hillsboro/Beaverton witnesses, such as Nike or Intel, or Marion County Circuit Court for Salem state agencies and registered agents), along with a completed Oregon subpoena form and the clerk issuance fee. The clerk promptly issues the Oregon subpoena for service.
Path 2 — Issuance by an Oregon Attorney (ORCP 55 C(3)(b)): Alternatively, a party may retain an attorney licensed to practice in Oregon to sign and issue the Oregon subpoena directly as an officer of the court, attaching a copy of the foreign subpoena.
- Mandatory Contents (ORCP 55 C(3)(c)): The Oregon subpoena must incorporate the exact terms used in the foreign subpoena and MUST contain or be accompanied by the names, addresses, email addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates, and of any party not represented by counsel.
- Where to Submit: Must be issued in the specific Oregon county where the deponent resides, is employed, or regularly transacts business in person.
- Service & Witness Fees (ORCP 55 C(4)): Once issued, the Oregon subpoena must be served in compliance with ORCP 55 B and D, including tendering the $30/day + $0.25/mile witness fee under ORS 44.415(1) if personal attendance is commanded.
High-Volume UIDDA Subpoena Targets in Oregon
Our Portland, Hillsboro, and Salem process servers handle daily UIDDA subpoena domestication and service for national litigation firms. Common Oregon UIDDA discovery targets include corporate headquarters in Washington County (Nike, Inc. in Beaverton; Intel Corporation campuses in Hillsboro; Columbia Sportswear), commercial registered agents in Salem (CT Corporation System and CSC) and Portland (Northwest Registered Agent, Registered Agents Inc., and InCorp at 5441 S Macadam Ave), and Level I trauma hospitals in Portland (OHSU and Legacy Emanuel Medical Center).
Serving Out-of-State Defendants in Oregon Lawsuits (ORCP 4 & ORCP 7 D(5))
Conversely, when an Oregon plaintiff files suit in an Oregon Circuit Court against a defendant who resides or operates in another state, two rules work in tandem: ORCP 4 (Personal Jurisdiction / Long-Arm Statute) and ORCP 7 D(5) (Service Outside the State). Under ORCP 4, Oregon courts exercise personal jurisdiction over out-of-state defendants who transact business in Oregon, commit tortious acts in Oregon, own real property in Oregon, or cause injury within the state under ORCP 4 A through L.
Under ORCP 7 D(5), whenever an out-of-state defendant is subject to Oregon jurisdiction, service of the summons and complaint may be made outside the State of Oregon in the exact same manner as service within Oregon. The person serving the papers outside Oregon may be any individual permitted to serve summons under the law of Oregon (ORCP 7 E: age 18+, non-party, with $100k E&O insurance if compensated) OR any person qualified to serve summons under the law of the state or foreign country where service is made. Regardless of where in the United States an individual defendant is served, ORCP 7 C(2) grants a uniform 30-day deadline to appear and respond.
Frequently Asked Questions: Out-of-State Service & UIDDA Subpoenas in Oregon
Can your team submit our out-of-state UIDDA subpoena to the Oregon Circuit Court clerk and then serve it?
Yes! Upload your foreign subpoena and draft Oregon subpoena on our /order page. Our court runners can present the packet to the appropriate Oregon Circuit Court clerk under ORCP 55 C(3)(a), obtain the clerk’s signature/seal, and immediately dispatch a field process server with the required ORS 44.415 witness fee check.
Does an out-of-state defendant get 60 days or 30 days to answer an Oregon Circuit Court summons?
Unlike Washington State (which gives 60 days to out-of-state defendants), Oregon’s ORCP 7 C(2) establishes a uniform 30-day response period after service for standard Circuit Court civil actions, whether the defendant is served inside Oregon or outside Oregon.
Which county court clerk issues a UIDDA subpoena if we are serving CT Corporation System in Salem?
Because CT Corporation System is located at 780 Commercial St SE, Suite 100, Salem, OR 97301, the UIDDA subpoena is issued under ORCP 55 C for Marion County Circuit Court.