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Detailed Answer

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance tailored to your situation.

1. Understand the Legal Framework for Subpoenas

In Oregon probate matters, courts may issue subpoenas to compel witnesses or production of documents, including estate records. Key authorities include:

• ORS 45.405 – Subpoenas in probate proceedings.
• ORCP 55 – Subpoenas in civil actions, applicable when probate matters are contested or transferred.

2. Determine Who Can Request a Subpoena

Under ORS 45.405, any party to a probate proceeding—such as the personal representative, an heir, or a creditor—may request a subpoena for testimony or documents. If the probate matter is in circuit court as a contested civil action, parties use ORCP 55.

3. Prepare the Subpoena Form

1. Obtain the official form from the court clerk’s office or the Oregon Judicial Department website.
2. Fill in the case caption, court name, case number, and specify whether you seek testimony or production of records (e.g., bank statements, tax returns, deed records).
3. If seeking documents, describe them with reasonable particularity (e.g., “All bank statements for the estate’s checking account from January 2020 through December 2022”).

4. File and Serve the Subpoena

1. File the completed subpoena with the probate court clerk and pay any required filing fee.
2. Serve the subpoena on the witness or record holder at least 10 days before the return date, unless the court orders a shorter period (see ORCP 55(D)).
3. Ensure proper service methods: personal delivery by a nonparty adult or certified mail with return receipt.

5. Pay Required Fees and Witness Expenses

Oregon law requires payment of witness fees and mileage. Include a check or money order made payable to the witness when delivering the subpoena. Failure to tender fees may invalidate the subpoena under ORCP 55(E).

6. Attend the Hearing or Accept Document Production

On the return date, either:

• Appear in court to examine the witness under oath; or
• Arrange for the records to be delivered or produced at a designated location.

If the witness fails to comply, file a motion to compel and request sanctions under ORCP 55(G).

7. Use the Records in Your Estate Matter

Once you have the requested estate records, review them to support your claims—such as creditor verification, heirship disputes, or inventory confirmation. Attach certified copies to any motions or accountings you file with the court.