Rule 13.150.Subpoena
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.150
Plain-English Summary
A subpoena for an arbitration hearing can come from an attorney of record in the case or from the arbitrator. Issuance follows the Oregon Rules of Civil Procedure, so a subpoena in an arbitrated case is obtained the same way as in any other civil case.
The reach of the subpoena is tied to the hearing. It can compel a witness to attend the arbitration hearing, and it can compel the production of documentary evidence at that hearing. The rule is written around the hearing rather than around pretrial discovery, which the chapter handles separately.
Other rules in the chapter bear on subpoenas. The chapter's rule on the arbitrator's authority makes a subpoena the arbitrator issues enforceable in the manner the arbitration statutes describe. And the chapter's rule on admissible documents lets another party subpoena the author of a document that comes in without live testimony and examine that person as if under cross-examination, at that party's own expense.
Frequently Asked Questions
Who can issue a subpoena for an arbitration hearing?
An attorney of record or the arbitrator. The rule names both, and either issues in accordance with the Oregon Rules of Civil Procedure.
Can I subpoena documents rather than a person?
Yes. The rule covers a subpoena for the production of documentary evidence at the hearing, as well as a subpoena for the attendance of a witness.
I am representing myself. Can I issue a subpoena?
The rule names an attorney of record and the arbitrator, and it says nothing about a self-represented party. It also routes issuance through the Oregon Rules of Civil Procedure, so ask the arbitrator to issue the subpoena and check those rules for the other ways one may issue.
Is a subpoena how I get discovery in arbitration?
No. This rule is written around the hearing, covering the attendance of a witness at the arbitration hearing and the production of documentary evidence at that hearing. Pretrial discovery is handled by the chapter's discovery rule, which runs on the Oregon Rules of Civil Procedure.
Can I subpoena the person who wrote a document the other side plans to use?
Yes, where the document comes in under the chapter's rule on admissible documents. Any other party may subpoena the author or maker, at that party's own expense, and examine that person as if under cross-examination.