ORS 136.500¹
Motion in arrest
  • basis and time for making

A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty. It may be founded on either or both of the grounds specified in ORS 135.630 (Grounds of demurrer) (1) and (4), and not otherwise. The motion must be made within the time allowed to file a motion for a new trial, and both such motions may be made and heard as the court directs. [Formerly 136.810]

See also annota­tions under ORS 136.810 in permanent edi­tion.

Notes of Decisions

The mo­tion cannot be made on the insufficiency of the indict­ment. State v. Kennedy, 6 Or App 552, 488 P2d 819 (1971), Sup Ct review denied

Where circuit court order vacated sen­tence of municipal court due to unconstitu­tionality of underlying ordinance this was order in arrest of judg­ment from which city could ap­peal. City of Toledo v. Richards, 40 Or App 71, 594 P2d 422 (1979), Sup Ct review denied

Mo­tion in arrest of judg­ment cannot be based on statute of limita­tions. State v. Parker, 119 Or App 105, 849 P2d 1157 (1993), Sup Ct review denied

Lack of hearing and determina­tion does not result in mo­tion in arrest of judg­ment being automatically deemed denied. State v. Starr, 210 Or App 409, 150 P3d 1072 (2007)

Mo­tion in arrest of judg­ment may be filed before judg­ment has been entered. State v. Starr, 210 Or App 409, 150 P3d 1072 (2007)

Court lacks jurisdic­tion to rule on mo­tion in arrest of judg­ment while ap­peal from judg­ment is pending. State v. Starr, 210 Or App 409, 150 P3d 1072 (2007)

Failure of court to hear and determine mo­tion in arrest of judg­ment is not ap­pealable event. State v. Starr, 210 Or App 409, 150 P3d 1072 (2007)

Completed Cita­tions

Portland v. Olson, 4 Or App 380, 481 P2d 641 (1971), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 136—Criminal Trials, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors136.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 136, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­136ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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