Subpoena Service & Witness Fee Calculation Rules in Oregon (ORCP 55 & ORS 44.415)

How to Calculate Oregon Statutory Witness Fees & Mileage (ORS 44.415)

One of the most frequent procedural pitfalls in Oregon trial and deposition practice is failing to tender the proper statutory witness fee at the moment the subpoena is served. Under ORCP 55 B(2)(c), service of a subpoena commanding a person’s attendance is made by delivering a copy of the subpoena to the witness AND tendering to that person the fees for one day’s attendance and the mileage allowed by law.

Oregon Revised Statutes (ORS) 44.415 establishes two distinct fee schedules depending on the forum. Under ORS 44.415(1), in any civil action, suit, or proceeding in the Oregon Circuit Court or the Oregon Tax Court (including depositions noticed in a Circuit Court action), a witness is entitled to receive $30.00 for each day’s attendance, plus mileage at the rate of $0.25 per mile going to and returning from the place where the witness is required to attend, calculated from the witness’s residence (or from the state boundary if the witness resides outside Oregon).

For example, if a non-party witness lives in Beaverton, Oregon, exactly 10 miles from a Portland law firm where a Circuit Court deposition will take place, the round-trip distance is 20 miles. At $0.25 per mile, the mileage fee is $5.00. Adding the $30.00 daily attendance fee equals a mandatory $35.00 witness fee check that must be handed to the witness alongside the subpoena.

• Oregon Circuit Court & Tax Court (ORS 44.415(1)): $30.00 per day attendance fee + $0.25 per mile round-trip mileage.
• Other Oregon Tribunals / Administrative Hearings (ORS 44.415(2)): $5.00 per day attendance fee + $0.08 per mile round-trip mileage.
• Peace Officers on Duty (ORS 44.552): Law enforcement officers subpoenaed in their official capacity to testify regarding events observed in the course of duty require a specialized statutory deposit with the agency rather than standard $30 witness checks.
• Records-Only Subpoenas: When a subpoena commands only the production or mailing of business records without requiring a custodian’s in-person appearance, no $30 attendance fee is required, though reasonable copying/production fees apply.

Service Methods Under ORCP 55 B: Personal vs. Mail Service

Following the Council on Court Procedures’ comprehensive overhaul of ORCP 55, Oregon subpoena service rules are organized clearly under ORCP 55 B(2). Standard service of a subpoena is accomplished by personal hand-delivery to the named witness by the sheriff, a deputy, or any person 18 years of age or older who is not a party to the action.

Unlike a summons under ORCP 7 D(2)(b), an ORCP 55 subpoena generally cannot be served via routine residential "substituted service" on a teenager at the witness’s home without specific compliance or court authorization. However, ORCP 55 B(2)(d) permits service of a subpoena by mail under strict conditions: if the witness signs and returns a receipt or acknowledgment accepting service at least 3 days before the appearance date (or if the subpoena is for records only and meets statutory mail notice rules). Because hostile or indifferent witnesses rarely volunteer to sign mail acknowledgments, personal service by a professional Oregon process server remains the gold standard for enforceable subpoenas.

Hospital Medical Records & Individually Identifiable Health Information (ORCP 55 D)

Serving medical records subpoenas on major Oregon healthcare systems—such as Oregon Health & Science University (OHSU) at Sam Jackson Park Road, Legacy Emanuel Medical Center in North Portland, or Providence St. Vincent Medical Center on SW Barnes Road—requires strict adherence to ORCP 55 D and HIPAA privacy safeguards.

Under ORCP 55 D(1), before serving a subpoena that commands the production of books, papers, documents, or individually identifiable health information (IIHI) without a deposition, the issuing attorney must serve a copy of the proposed subpoena on all other parties to the lawsuit at least 7 days (or 14 days if seeking individually identifiable health information or serving notice by mail) before the subpoena is served on the hospital or third-party custodian. Furthermore, the subpoena served on the hospital must be accompanied by either a Qualified Protective Order (QPO), a signed HIPAA-compliant patient authorization, or an attorney declaration certifying that proper notice was given to the patient and that the time for objections has elapsed with no objection filed.

Reasonable Time to Comply & 14-Day Rule for Records Subpoenas

Under ORCP 55 B(3), a subpoena must be served far enough in advance to allow the witness a "reasonable time" for preparation and travel to the place of attendance. When a subpoena commands a third party to produce documents, electronically stored information, or tangible things without appearing in person, ORCP 55 D(2) mandates that the subpoena give the third party at least 14 days from the date of service to comply and produce the records.