ORS 135.745¹
Delay in finding an indictment or filing an information

When a person has been held to answer for a crime, if an indictment is not found against the person within 30 days or the district attorney does not file an information in circuit court within 30 days after the person is held to answer, the court shall order the prosecution to be dismissed, unless good cause to the contrary is shown. [Formerly 134.110]

See also annota­tions under ORS 134.110 in permanent edi­tion.

Notes of Decisions

Dismissal by the court on defendant’s mo­tion of an in­for­ma­­tion charging a felony did not constitute a bar to filing of an indict­ment two days later charging defendant with a felony. State v. Ivory, 20 Or App 253, 531 P2d 293 (1975)

Where in­for­ma­­tion was not filed against defendant within 30-day period after he was held to answer for crime defendant was entitled to dismissal of in­for­ma­­tion, although pros­e­cu­­tion was not barred from sub­se­quently pro­ceed­ing against defendant upon indict­ment. State v. McCormick, 280 Or 417, 571 P2d 499 (1977)

“Held to answer” means bound over after preliminary hearing or held pursuant to in­for­ma­­tion filed by district attorney. State v. Schiff, 93 Or App 301, 762 P2d 319 (1988)

Prejudice to defendant is not re­quired for dismissal due to lack of timely pros­e­cu­­tion. State v. Emery, 318 Or 460, 869 P2d 859 (1994)

Dismissal due to failure to comply with statutory require­ment for speedy trial is without prejudice. State v. Emery, 318 Or 460, 869 P2d 859 (1994)

Completed Cita­tions

State v. Rowley, 6 Or App 13, 485 P2d 1120 (1971), Sup Ct review denied

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