Ordinance No. 67-30 CITY OF TIGARD, OREGON
ORDINANCE No-67-30
AN ORDINANCE ADOPTING AND ENACTING PERTINENT SECTIONS OF
OREQ014 REVISED STATUTES WITH RESPECT TO THE PROCURING OF WIT:ESoES,
ATTENDANCE OF WITNESSES, OATH OR AFFIRMATION OF WITNESSES AND THE
PAYMENT OF WITNESS FEES, IN THE, MUNICIPAL COURT OF THE CITY OF
TIGARD, AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The process by which the attendance of witnesses before
the Municipal Court of the Qity of Tigard is required,
is a subpoena.
Section 2: Either the Municipal Judge of the City of Tigard, the
Clerk of the Municipal Court of the City of Tigard,
or the City Attorney of Tigard, may issue subpoenas subscribed by
any of them for the attendance of witnesees in the Municipal Court
of the City of Tigard.
Section 3: Uponapplicationof a defendant, the Municipal Judge
or the Clerk of the Municipal Court in which a com-
plaint or citation is pending for trial, shall at the expense of
the City issue in blank subpoenas subscribed by the Judge or Clerk
respectively for not to exceed three (3) witnesses within the ,juris-
dletion; provided, however, that any defendant may have subpoenas
issued for any number of witnesses at his own expense.
Section 4 The form of the subpoena tobeused within the City
of Tigard shall be substantially that set forth in
§139.070 O.R.S., except that the attendance thereby required shall
be issued in the name of the City of Tigard and the attendance shall
be required in the Municipal Court of the City of Tigard at a time
and place therein to be set forth.
Section 5:_ If books, papers or documents are required, a direction
to the following effect shall be added to the form as
set forth in §139.070 O-R-S.: " •. • . and you are required also to
bring with you the following: (describe intelligibly the book,
papers or documents required) "
Section 6_ Sy Whom Subpoena Is Served: A subpoena may be served
by the defendant, o ° any other person over eighteen
years of age, and shall be served by the Chief of Police or under
his direction within the City of Tigard when delivered to him for
service either to a witness on the part of the City or on the part
of the defendant.
>? Section 7: The subpoena shall be prepared in duplicate and shall
be served by delivering a copy to the witness person-
ally, and the original shall be returned to the Clerk of the Court
with proof of service made in the same manner as in the service of
summons.
Section 8: Witness Fees: The fees of witnesses required to attend
the Municipal Court of the City of Tigard shall be
Page l ORDINANCE No. 67-30
$ 5.00 for each day or any part thereof in attendance before
the ..un c pal Judge.
f` Every witness who is required to travel in order to
execute or perform his duties as a witness, from any point outside
the City limits of Tigard, is entitled to mileage at the rate of
eight cents (.0$) per mile and no more in going to and returning
from the place where the service is performed.
SEction 9: The Clerk of the Municipal Court, on the application
of a witness subpoenaed to attend Municipal Court,
shall enter in the fee book under the title of the action in which
the witness was subpoenaed or recognized, the number of days attend-
ance and the number of miles necessarily traveled in consequence
of the subpoena. The Clerk shall swear the witness to the statement
contained in that entry. The witness fees and, mileage of a wit-
ness in the Municipal Court shall be claimed within fifteen (15) days
after the appearance of the witness pursuant to the subpoena, and
not afterwards.
Section 10: Any person present in court or before the Municipal
Judge may be required to testify in the same manner as if
he were in attendance before the court upon a subpoena.
Section 11: Disobedience to a subpoena or refusal to be sworn or
answer as a witness when required, may be punished
as a contempt by the court before whom the witness is required to
attend.
` Section 12: Sections 44.310, 44.320, 44.330, 44.340, 44.350,
44.360 and 44.370 Oregon Revised Statutes with respect
to oaths and affirmations of witnesses, by virtue of authority of
§221.330 O.R.S., are hereby adopted by this reference, section by
section, paragraph by paragraph, word by word, in the entirety in
all respects to the same legal force and effect as if set forth
herein in full.
Section 13: Inasmuch as there is now no provision in the ordinances
of the City o^ T:Lgard with respect to the procedure
and fees for attendance cf witnesses in Municipal Court, and the
swearing of witnesses therein, an it is necessary for the peace,
health and safety of the people of the City of Tigard that immediate
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provision be made therefor, an eme ency is hereby declared to exist
and this ordinance shall be effect' pon its passage by the Council
{ and approval of the Mayor.
PASSED: By unanimous vote of all Council members present after
being read three times by number and title only,
this 24th day of April, 1967•
,� Monnie S. Andrews, Recorder
1
APPROVED: By the Mayor, this 24th day of Aprii, 1967.
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