Arraignment and Pretrial Provisions

ORS 135.730

  • facts conferring jurisdiction

In pleading in an accusatory instrument a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial. [Formerly 132.660]

Notes of Decisions

State bears burden of proving jurisdictional facts in criminal cases, and defendant who is Indian and wishes to challenge state's subject matter jurisdiction must assert defendant's Indian status and provide court with enough evidence of that status in time to permit state to rebut evidence at trial and prove defendant's non-Indian status. State v. Hill, 277 Or App 751, 373 P3d 162 (2016), Sup Ct review denied

§§ 135.713 to 135.743

Law Review Citations

2 EL 230-274 (1971)


Last accessed
Jun. 26, 2021