Rule 5.130.Interstate Deposition Instruments—obtaining an Oregon Commission
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.130
Plain-English Summary
An Oregon case sometimes needs testimony from a witness who lives somewhere else. ORCP 38 allows a commission for a deposition in a foreign jurisdiction, and UTCR 5.130 explains how to get one. The party presents a motion and a declaration at ex parte. If the court allows the motion, it issues the commission.
The commission has a shelf life. Unless the party asks for something different in its motion and the court orders it, the commission is effective for 28 days from the date of issue. A deposition that will take longer to arrange, because the witness is distant or documents have to be negotiated first, calls for asking in the motion rather than coming back for a second commission later.
The commission is not limited to testimony. It may also serve to authorize the issuance of subpoenas duces tecum in the foreign jurisdiction, so the witness and the documents can be pursued under one instrument.
Frequently Asked Questions
How do I get a commission for an out-of-state deposition in an Oregon case?
Present a motion and a declaration at ex parte, asking the court for a commission under ORCP 38 to take the deposition in the foreign jurisdiction. If the court allows the motion, it issues the commission.
How long is an Oregon deposition commission good for?
28 days from the date of issue, unless the party requested something different in its motion and the court so ordered. The 28 day period is a default, not a ceiling.
Does the court have to issue the commission?
Once the motion is allowed, yes. The rule says that if the motion is allowed, the court shall issue the commission. The conditional is doing the work: allowing the motion is the court's decision, and issuance follows from it.
Does the commission let me subpoena documents as well as testimony?
It can. The rule says the commission may also serve to authorize the issuance of subpoenas duces tecum in the foreign jurisdiction, so one instrument can cover both the witness and the records.
What if the deposition needs to happen in Oregon for a case filed elsewhere?
That is the reverse situation, and it is governed by UTCR 5.140, which sets out what a party must submit to obtain discovery in Oregon for a proceeding pending in another state or a foreign jurisdiction.