2017 ORS 135.825¹
Other disclosure to defense
  • • special conditions

Except as otherwise provided in ORS 135.855 (Material and information not subject to discovery) and 135.873 (Protective orders), the district attorney shall disclose to the defense:

(1) The occurrence of a search or seizure; and

(2) Upon written request by the defense, any relevant material or information obtained thereby, the circumstances of the search or seizure, and the circumstances of the acquisition of any specified statements from the defendant. [1973 c.836 §215; 1999 c.304 §2]

Notes of Decisions

Court did not abuse its discre­tion in denying defendant’s discovery mo­tion requesting state to produce and classify extensive in­for­ma­­tion on all instances of use of particular model of intoxilyzer machine. State v. Andes, 104 Or App 719, 803 P2d 273 (1990), Sup Ct review denied

Law Review Cita­tions

10 WLJ 157 (1974)

§§ 135.805 (Applicability) to 135.873 (Protective orders)

See also annota­tions under ORS 133.755 in permanent edi­tion.

Notes of Decisions

Copy of letter sent to district court and also to district attorney’s office, entering not guilty plea and stating “by copy of this letter I am demanding reciprocal discovery from the District Attorney’s office,” was insufficient to make formal demand for disclosure of classes of in­for­ma­­tion available under these sec­tions. State v. Sheppard, 32 Or App 345, 573 P2d 1276 (1978), Sup Ct review denied

Specifica­tions, operating instruc­tions and repair and maintenance records for radar device with which arresting of­fi­cer measured defendant’s speed were not discoverable under these sec­tions. State v. Spada, 33 Or App 257, 576 P2d 33 (1978), aff’d286 Or 305, 594 P2d 815 (1979)

These sec­tions afford defendant opportunity to obtain specific and detailed in­for­ma­­tion about state’s theory of case and evidence it intends to produce at trial, and purposes that indict­ments and complaints are designed to serve in crim­i­nal cases are now served as well or better by discovery. State v. Strandquist, 57 Or App 404, 644 P2d 658 (1982), Sup Ct review denied

Nothing in discovery statutes prevents state from initiating grand jury investiga­tion of possible crim­i­nal activities by potential de­fense witnesses. State v. Huffman, 65 Or App 594, 672 P2d 1351 (1983)

Where defendant ap­peals con­vic­­tion and trial court precluded de­fense witness because of alleged discovery viola­tion and state being prejudiced, trial court obligated to explore other alternatives to remedy prejudice before precluding witness from testifying. State v. Gill, 96 Or App 358, 772 P2d 957 (1989)

Law Review Cita­tions

51 OLR 354-369 (1972); 10 WLJ 145-166 (1974); 18 WLR 279 (1982)

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.