ORCP 55B

NOTES OF DECISIONS

      Although generally only person subpoenaed can move to quash subpoena, exception exists if party’s rights would be jeopardized in absence of protective order and party claiming personal right or privilege relating to document sought by subpoena has standing to seek to quash. Boon and Boon, 100 Or App 354, 786 P2d 215 (1990)

ORCP 55D

See annotations under ORS 44.140 in permanent edition.

ORCP 55E

See annotations under ORS 44.171 and 44.230 in permanent edition.

ORCP 55F

See also annotations under ORS 45.190 in permanent edition.

NOTES OF DECISIONS

Under former similar statute (ORS 45.190)

      Notice to party from whom deposition is to be taken must be actual and not imputed from knowledge of agent attorney. Sisk v. McPartland, 267 Or 116, 515 P2d 179 (1973)

ORCP 55G

See also annotations under ORS 44.190 in permanent edition.

NOTES OF DECISIONS

      Trial court may not exclude nonparty’s testimony or related evidence in response to party’s noncompliance with subpoena. State v. Baker/Jay, 232 Or App 112, 221 P3d 749 (2009), Sup Ct review denied

      In criminal case, this rule does not authorize court to dismiss charging instrument due to witness disobedience of subpoena if witness is victim of crime and not party to case. State v. Lorenzo, 301 Or App 713, 459 P3d 268 (2020)

ORCP 55H

NOTES OF DECISIONS

      ORS 41.945 does not incorporate this section into criminal proceedings. State v. Gonzalez, 120 Or App 249, 852 P2d 851 (1993), Sup Ct review denied