Rescheduling matters affected by claim, response or motion
(1) Pending the hearing described in ORS 147.530 (Hearing on claim, response or motion), the court may reschedule any matter in the criminal proceeding that may directly impact, or be directly impacted by, the claim, a response filed under ORS 147.517 (Notice) (4) or a motion filed under ORS 147.522 (Issue that will have impact on trial). All other matters in the criminal proceeding shall continue in the ordinary course.
(2) In determining whether to reschedule a matter under subsection (1) of this section, in addition to other factors the court considers important, the court shall consider:
(a) The likelihood that the requested relief will be granted in light of the support in fact and law for the relief, as shown in the claim, the response filed under ORS 147.517 (Notice) (4) or the motion filed under ORS 147.522 (Issue that will have impact on trial);
(b) Whether the claim, response or motion is made in good faith and not for the purpose of delay;
(c) The nature of the harm to the victim, the prosecuting attorney, the defendant, any person against whom relief is requested and the public that will likely result from rescheduling the matter;
(d) The rights guaranteed to the victim, the prosecuting attorney, the defendant and any person against whom relief is requested under the Oregon Constitution or the United States Constitution and under Oregon statutory and decisional law; and
(e) Whether the defendant is in custody and, if so, whether the defendant has expressly consented to a continuance of the trial under ORS 136.290 (Limit on custody of defendant prior to trial).
(3) A pretrial release decision may not be continued under this section for more than 14 days.
(4) Unless the court finds good cause to continue the trial to a later date, a trial may not be continued under this section for more than 14 days. [2009 c.178 §10]
Note: See note under 147.500 (Definitions).
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