2017 ORS 135.610¹
Demurrer
  • • generally

(1) The demurrer shall be entered either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.

(2) The demurrer shall be in writing, signed by the defendant or the attorney of the defendant and filed. It shall distinctly specify the ground of objection to the accusatory instrument. [Amended by 1973 c.836 §183]

See also annota­tions under ORS 135.620 in permanent edi­tion.

Notes of Decisions

Absent excep­tional circumstances or statutory excep­tions (ORS 135.640 (When objections that are grounds for demurrer may be taken)) a demurrer filed after entry of a plea of not guilty is not timely and a court is without authority to entertain it. State v. Dolan, 40 Or App 447, 595 P2d 836 (1979)

Demurrer was timely when defendant reserved “all rights against each indict­ment” at arraign­ment and arraign­ment court did not object to this reserva­tion and when trial court allowed defendant to demur at beginning of trial and to renew demurrer at end of trial. State v. Wimber, 315 Or 103, 843 P2d 424 (1992)

§§ 135.610 (Demurrer) to 135.700 (Disallowance of demurrer)

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 (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.