Time of making motion
- hearing
Source:
Section 135.520 — Time of making motion; hearing, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html.
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)
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