Arraignment and Pretrial Provisions

ORS 135.610
Demurrer

  • generally

(1)

The demurrer shall be entered either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.

(2)

The demurrer shall be in writing, signed by the defendant or the attorney of the defendant and filed. It shall distinctly specify the ground of objection to the accusatory instrument. [Amended by 1973 c.836 §183]

See also annotations under ORS 135.620 in permanent edition.

Notes of Decisions

Absent exceptional circumstances or statutory exceptions (ORS 135.640) a demurrer filed after entry of a plea of not guilty is not timely and a court is without authority to entertain it. State v. Dolan, 40 Or App 447, 595 P2d 836 (1979)

Demurrer was timely when defendant reserved "all rights against each indictment" at arraignment and arraignment court did not object to this reservation and when trial court allowed defendant to demur at beginning of trial and to renew demurrer at end of trial. State v. Wimber, 315 Or 103, 843 P2d 424 (1992)

§§ 135.610 to 135.700

Law Review Citations

2 EL 230-274 (1971)

Source

Last accessed
Jun. 26, 2021

REMOVE ADS