Under observation or examination for fitness to proceed under ORS 161.365 (Procedure for determining issue of fitness to proceed), beginning when the issue of the defendant’s possible lack of fitness to proceed has been raised by the defendant or the defendant’s counsel, until a final determination regarding the defendant’s fitness to proceed has been made by the court;
Under observation or examination after notice of the issue of the defendant’s qualifying mental disorder, partial responsibility, diminished capacity, insanity or other mental defense is raised by the defendant or the defendant’s counsel, until the trial date; or
Unable to appear by reason of illness or physical disability.
A period of time following the filing of an interlocutory appeal or an appeal from the dismissal of the charge or charging instrument, or that results from a stay issued by an appellate court in a mandamus or habeas proceeding, until the appellate judgment is issued or the stay is lifted by the appellate court.
A period of time between a scheduled court appearance at which the defendant fails to appear and the next scheduled court appearance other than an appearance that occurs for the purpose of addressing a warrant resulting from the defendant’s failure to appear.
A period of time during which the defendant’s location is known but the defendant’s presence for trial cannot be obtained, or during which the defendant is outside this state and resists being returned to this state for trial.
A period of time during which the defendant’s location is unknown and:
The defendant has attempted to avoid apprehension or prosecution; or
The defendant’s location cannot be determined by due diligence.
A period of time while the defendant is on trial or engaged in court proceedings in an unrelated matter, whether in the same court or a different court, and was therefore physically unavailable for trial.
A period of time between a mistrial on the charging instrument and a subsequent trial on the charging instrument, not to exceed three months for each mistrial. The three-month limit may be extended by the court for good cause upon request from either party or upon the court’s own motion.
A period of time between a continuance or a rescheduling of a trial date, granted at the request of, or with the consent of, the defendant or the defendant’s counsel, and the new trial date. A defendant who is proceeding without counsel may not consent to a continuance or a rescheduling unless the court has advised the defendant of the defendant’s right to a speedy trial within the time limit required in ORS 135.746 (Time period within which trial must commence) and the consequences of the defendant’s consent to the continuance or rescheduling.