ORS 135.520¹
Time of making motion
  • • hearing

A motion to set aside the indictment or dismiss the accusatory instrument shall be made and heard at the time of the arraignment or within 10 days thereafter, unless for good cause the court allows additional time. If not so made, the defendant is precluded from afterwards taking the objections to the indictment or accusatory instrument. [Amended by 1973 c.836 §179]

Notes of Decisions

Where court dismissed in­for­ma­­tion and ordered new trial after jury was unable to reach verdict, mo­tion for dismissal was made prior to impending trial for purpose of this sec­tion. State v. Smith, 35 Or App 511, 582 P2d 26 (1978)

Mo­tion to set aside indict­ment due to inadequate grand jury must be made prior to trial. State v. Pratt, 316 Or 561, 853 P2d 827 (1993); State v. Thompson, 126 Or App 500, 869 P2d 361 (1994)

Trial judge’s authority to grant addi­tional time for making mo­tion based on good cause does not permit hearing mo­tion to set aside indict­ment after trial has commenced. State ex rel Schrunk v. Bonebrake, 318 Or 312, 865 P2d 1289 (1994)

§§ 135.510 (Grounds for motion to set aside the indictment) to 135.560 (Order to set aside is no bar to future prosecution)

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 (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information