Criminal Trials

ORS 136.070
Postponement of trial

When a case is at issue upon a question of fact and before the same is called for trial, the court may, upon sufficient cause shown by the affidavit of the defendant or the statement of the district attorney, direct the trial to be postponed for a reasonable period of time. [Amended by 1959 c.638 §18; 1973 c.836 §226]

Notes of Decisions

This section requires that a motion for continuance by defendant be accompanied by an affidavit showing sufficient cause which shall first be filed with the clerk, and there is nothing for an appellate court to review in the absence of such a showing made prior to trial. State v. Longoria, 17 Or App 1, 520 P2d 912 (1974), Sup Ct review denied

Denial of defendant’s motion for continuance was not abuse of discretion where: (1) Absence of hospitalized witness which would be expected to weaken state’s case not shown to be to defendant’s disadvantage; and (2) no showing made that absent alibi witness would add to defendant’s case which had already produced at least six other alibi witnesses. State v. Longoria, 17 Or App 1, 520 P2d 912 (1974), Sup Ct review denied

Defendant’s motion which was conclusory and not supported by affidavit did not satisfy this section. State v. Reese, 25 Or App 231, 548 P2d 998 (1976)

It was abuse of discretion for court to refuse to grant state five-month continuance until indispensable witness returned from military duty, especially where defendant had already caused delay of over three months. State v. Weitzel, 31 Or App 1093, 572 P2d 334 (1977)


Last accessed
Mar. 11, 2023