(1) A petitioner in a post-conviction relief proceeding may not compel a victim to testify, either by deposition, hearing or otherwise unless the petitioner moves for an order of the court allowing a subpoena.
(2) A copy of the motion for a subpoena under this section must be served on the counsel for the defendant.
(3) The court may not grant an order allowing a subpoena under this section unless the petitioner can demonstrate good cause by showing that the victim has information that is material to the post-conviction relief proceeding, is favorable to the petitioner and is other than what was admitted at trial.
(4) If the court grants an order allowing a subpoena under this section, upon a request by the victim for no personal contact between the parties, the court may allow the victim to appear by telephone or other communication device approved by the court. [2007 c.470 §1]
Note: 138.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Section: Previous 138.570 138.580 138.590 138.600 138.610 138.620 138.622 138.625 138.630 138.640 138.650 138.660 138.670 138.680 138.685 NextLast modified: August 7, 2008