2015 ORS 135.510¹
Grounds for motion to set aside the indictment

(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases:

(a) When it is not found, indorsed and presented as prescribed in ORS 132.360 (Number of jurors required to concur), 132.400 (Indorsement of indictment as "a true bill") to 132.430 (Finding against indictment) and 132.580 (Names of grand jury witnesses on indictment).

(b) When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon.

(2) Nothing in subsection (1)(b) of this section shall affect the application of ORS 132.580 (Names of grand jury witnesses on indictment). [Amended by 1959 c.426 §2; 1973 c.836 §178]

Notes of Decisions

This sec­tion does not bar mo­tion to quash indict­ment based on ground that grand jury was selected in viola­tion of Article VII (Am), sec­tion 5 of Oregon Constitu­tion. State v. Gortmaker, 60 Or App 723, 655 P2d 575 (1982), aff'd 295 Or 505, 668 P2d 354 (1983)

If indict­ment cannot be attacked on ground grand jury heard insufficient evidence or wrong type of evidence, it cannot be set aside because grand jury heard evidence that might not be admissible at trial. State v. Dike, 91 Or App 542, 756 P2d 657 (1988), Sup Ct review denied

This sec­tion sets out exclusive statutory grounds for setting aside indict­ment and, because those grounds do not include use of hearsay evidence, trial court was not re­quired to set aside indict­ment on that ground. State v. Stout, 305 Or 34, 749 P2d 1174 (1988)

Where trial court refused to suppress bank records of defendant obtained by grand jury sub­poe­na based on insufficient affidavit and records were properly resub­poe­naed before trial, invalid sub­poe­na is not ground to set aside indict­ment listed in this statute. State v. O'Brien, 96 Or App 498, 774 P2d 1109 (1989), Sup Ct review denied

Law Review Cita­tions

2 EL 230-274 (1971)


1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.