2017 ORS 135.037¹
Omnibus hearing
  • when held
  • subject
  • ruling of court
  • counsel required

(1) At any time after the filing of the accusatory instrument in circuit court and before the commencement of trial thereon, the court upon motion of any party shall, and upon its own motion may, order an omnibus hearing.

(2) The purpose of an omnibus hearing shall be to rule on all pretrial motions and requests, including but not limited to the following issues:

(a) Suppression of evidence.

(b) Challenges to identification procedures used by the prosecution.

(c) Challenges to voluntariness of admissions or confession.

(d) Challenges to the accusatory instrument.

(3) The court, at the time of the omnibus hearing, may also consider any matters that will facilitate trial by avoiding unnecessary proof or by simplifying the issues to be tried, or that are otherwise appropriate under the circumstances to facilitate disposition of the proceeding.

(4) At the conclusion of the hearing and prior to trial the court shall prepare and file an order setting forth all rulings of the court on issues raised under subsection (2) of this section. The court shall further prepare and file a memorandum of other matters agreed upon at the hearing. Except in a prosecution of the defendant for perjury or false swearing, or impeachment of the defendant, admissions made by the defendant or the attorney of the defendant at the hearing may not be used against the defendant unless the admissions are reduced to writing and signed by the defendant and the attorney.

(5) This section may not be applied in any proceeding or at any stage of any proceeding where the defendant is not represented by counsel. [1973 c.550 §2; 2009 c.11 §9]

Notes of Decisions

Where oral and physical evidence were intermixed at trial and the oral evidence was held inadmissible at trial, the defendant’s failure to move to suppress the physical evidence based on the inadmissibility of the oral evidence before the trial precluded such a mo­tion during trial. State v. Graber, 21 Or App 765, 537 P2d 117 (1975), Sup Ct review denied

The mandatory language of this sec­tion does not require hearing and ruling prior to trial on every foreseeable issue concerning admissibility of evidence. State v. Cheshier, 41 Or App 141, 597 P2d 839 (1979), Sup Ct review denied

A purpose of this sec­tion is to preserve state’s right of ap­peal of rulings which are ap­pealable under ORS 138.060, but it is not intended to expand scope of state’s right of ap­peal. State v. Caruso, 289 Or 315, 613 P2d 752 (1980)

Court may ques­tion witness before jury is sworn to determine whether witness will testify at trial, but under ORCP 58B court had no authority to order witness to testify on substance of case until witness is called during normal course of trial. State v. Nefstad, 99 Or App 12, 781 P2d 358 (1989), Sup Ct review denied

Mo­tion to limit evidence may be considered in pretrial omnibus hearing under this sec­tion. State v. Troen, 100 Or App 442, 786 P2d 751 (1990), Sup Ct review denied

Defendant was not re­quired to present evidence or argu­ment on issue not raised in state’s initial request for omnibus hearing. State v. Gable, 127 Or App 320, 873 P2d 351 (1994), Sup Ct review denied

Where ag­gra­vat­ed mur­der case is remanded for new penalty-phase pro­ceed­ing, pro­ceed­ing is treated as separate trial for purpose of allowing omnibus hearing prior to trial. State ex rel Carlile v. Frost, 326 Or 607, 956 P2d 202 (1998)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.