Rule 4.031 - MOTIONS TO TRANSPORT ADULT IN CUSTODY WITNESSES(1) A motion to transport adult in custody witnesses for court proceedings pursuant to UTCR 4.030 must be accompanied by a supporting affidavit certifying: (a) The attorney, the attorney's representative or a self-represented litigant has actually spoken to the witness;(b) The witness is willing to testify, will testify if compelled by the court to do so or it is necessary to place the witness's refusal to testify on the record;(c) The attorney or self-represented litigant seeking the order has a good faith belief that the testimony is admissible, relevant, and material to the issues expected to be raised at trial; and(d) The testimony of the witness is necessary to the presentation of the case of the party seeking the order. [Appendix A](2) Such motion shall be filed with the court a minimum of 14 days prior to the court proceeding. [Appendix A](3) When a Motion and Order to transport a person held in custody pursuant to UTCR 4.030 and an adult in custody witness pursuant to SLR 4.031 has been entered, it is the responsibility of the attorney's office requesting the transport to file a motion and order with the court cancelling the particular transport order when it is no longer needed.Malheur Supp. L. R. 4.031
Amended effective 2/1/2024.