Rule 24.060.Disclosure of Witnesses Pursuant to ORS 138.615
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 24.060
Plain-English Summary
The duty to disclose witness information in a post-conviction case comes from ORS 138.615. UTCR 24.060 supplies the deadline for it. The disclosure must be made no later than 60 days before trial.
The only way off that date is a court order, and the court needs good cause shown to issue one. There is no party-to-party stipulation in the rule and no automatic extension, so a party who needs a different date has to ask for one before the date arrives.
The timing is worth noticing. The disclosure lands on the same mark as the deadline for substantive pretrial motions in UTCR 24.050, and both sit ahead of the trial memoranda. A witness problem and a motion about that problem therefore surface in the same week, before either side writes its memorandum around the witness.
Frequently Asked Questions
When must witnesses be disclosed in an Oregon post-conviction case?
No later than 60 days before trial, unless the court orders otherwise for good cause shown.
Can the post-conviction witness disclosure deadline be extended?
Only by the court, and only for good cause shown. The rule gives the parties no power to move the date between themselves.
Does UTCR 24.060 say who has to disclose witnesses, or what has to be disclosed?
No. The content of the disclosure and the duty to make it come from ORS 138.615. This rule does one job, which is to fix when the disclosure is due.
What happens if a witness comes to light after the deadline?
The rule sets no sanction and describes no cure, so the practical move is to ask the court for relief and be ready to show good cause for a different date. Raising it as soon as it comes up is better than waiting, because the memoranda deadlines in UTCR 24.050 are close behind.
How does the witness disclosure deadline fit the rest of the post-conviction schedule?
It falls on the same day as the deadline for substantive pretrial motions under UTCR 24.050, and it comes before both sides' trial memoranda are due. Work backward from the trial date and the two obligations arrive together.