ORS 147.533
Waiver of remedy
(1)
A remedy under ORS 147.500 (Definitions) to 147.550 (Establishment of requirements and procedures by Chief Justice by rule or order) is waived if the remedy is requested:(a)
By a victim who had notice of a related claim and did neither of the following:(A)
File a response under ORS 147.517 (Notice) (4); or(B)
Participate in a hearing under ORS 147.530 (Hearing on claim, response or motion); or(b)
By any person after:(A)
The date determined by the court under ORS 147.517 (Notice) (2)(a) if the person is filing a response;(B)
The period of time described in ORS 147.522 (Issue that will have impact on trial) if the person is filing a motion; or(C)
Former jeopardy attaches, unless a motion for new trial or a motion in arrest of judgment is granted.(2)
Subsection (1) of this section does not apply to:(a)
Remedies that may be effectuated after the disposition of a criminal proceeding;(b)
The right to obtain information described in section 42 (1)(b), Article I of the Oregon Constitution;(c)
The right to receive prompt restitution described in section 42 (1)(d), Article I of the Oregon Constitution;(d)
The right to have a copy of a transcript described in section 42 (1)(e), Article I of the Oregon Constitution; or(e)
Remedies requested in a subsequent criminal proceeding arising after a state or federal court has granted a new trial or sentencing, provided the remedy is not waived pursuant to subsection (1) of this section in the subsequent criminal proceeding. [2009 c.178 §12]
Source:
Section 147.533 — Waiver of remedy, https://www.oregonlegislature.gov/bills_laws/ors/ors147.html.
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