Arraignment and Pretrial Provisions

ORS 135.520
Time of making motion

  • hearing


A motion to set aside the indictment or dismiss the accusatory instrument shall be made and heard at the time of the arraignment or within 10 days thereafter, unless for good cause the court allows additional time. If not so made, the defendant is precluded from afterwards taking the objections to the indictment or accusatory instrument. [Amended by 1973 c.836 §179]

Notes of Decisions

Where court dismissed information and ordered new trial after jury was unable to reach verdict, motion for dismissal was made prior to impending trial for purpose of this section. State v. Smith, 35 Or App 511, 582 P2d 26 (1978)

Motion to set aside indictment due to inadequate grand jury must be made prior to trial. State v. Pratt, 316 Or 561, 853 P2d 827 (1993); State v. Thompson, 126 Or App 500, 869 P2d 361 (1994)

Trial judge's authority to grant additional time for making motion based on good cause does not permit hearing motion to set aside indictment after trial has commenced. State ex rel Schrunk v. Bonebrake, 318 Or 312, 865 P2d 1289 (1994)

§§ 135.510 to 135.560

Law Review Citations

2 EL 230-274 (1971)


Source

Last accessed
Jun. 26, 2021