2017 ORS 135.730¹
Judgments
  • facts conferring jurisdiction

In pleading in an accusatory instrument a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction; but the judgment, determination or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial. [Formerly 132.660]

Notes of Decisions

State bears burden of proving jurisdic­tional facts in crim­i­nal cases, and defendant who is Indian and wishes to challenge state’s subject matter jurisdic­tion must assert defendant’s Indian status and provide court with enough evidence of that status in time to permit state to rebut evidence at trial and prove defendant’s non-Indian status. State v. Hill, 277 Or App 751, 373 P3d 162 (2016), 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 (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.