Hugh Duvall’s Oregon Criminal Defense Law Deadline Review Sheet*

Catagories -

  1. General
  2. Notice of defenses
  3. Evidentiary deadlines
  4. DUII specific
  5. Related Deadlines & Time Requirements

1. Generally (includes, but is not limited to)–

  • Motion to Dismiss indictment or dismiss the accusatory instrument – at arraignment or within 10 days thereafter, unless court allows later motion for good cause. ORS 135.520.
  • Demurrer – at arraignment “or at such other time as may be allowed to the defendant for that purpose.” ORS 135.610(1).
  • Motions for pretrial rulings on matters subject to ORS 135.037 (omnibus hearing – to address motions related to: Suppression of evidence; Challenges to identification procedures used by the prosecution; Challenges to voluntariness of admissions or confession; Challenges to the accusatory instrument) and ORS 135.805 to 135.873 (discovery issues) “must be filed in writing not less than 21 days before trial or within 7 days after the arraignment, whichever is later, unless a different time is permitted by the court for good cause shown.” UTCR 4.010.
  • Subpoena peace officer to trial by “office service” –“not later than 10 days prior to the date attendance is sought. A subpoena may be served in this manner only if the officer is currently employed as a peace officer and is present within the state at the time of service.” ORS 136.595(2) (emphasis added).
  • Motion for New Trial / Motion to Set Aside Judgment – “not later than 10 days after the entry of the judgment sought to be set aside, or such further time as the court may allow. When the adverse party is entitled to oppose the motion by counteraffidavits or counterdeclarations, such party shall file the same within 10 days after the filing of the motion, or such further time as the court may allow. The motion shall be heard and determined by the court within 55 days from the time of the entry of the judgment, and not thereafter, and if not so heard and determined within said time, the motion shall conclusively be deemed denied.” Also, “ If the trial court decides the motion by order, the moving party shall file a copy of the order in the appellate court [if case was appealed] within seven days of the date of entry of the order. Any necessary modification of the appeal required by the order shall be pursuant to rule of the appellate court.” ORCP 64F.
  • Motion in Arrest of Judgment – same as Motion for New Trial. ORS 136.500.
  • Notice of Appeal – not later than 30 days after judgment or order was entered in the register. ORS 138.071(1). (*** Additional provisions for various post trial circumstances listed).
  • Review Supplemental Local Rules for deadlines to (among other things): File Motions to Postpone, Report case as settled, Request jury.

  • Special Accommodation for Child Under 12 or Developmentally Disabled Witness Notice - Must notify the court at least seven (7) days prior to court proceeding.  ORS 44.547.

2. Notice of Defenses (includes, but is not limited to)–

  • Alibi Notice – not less than five days before trial (court may allow alibi evidence in violation of this rule for “good cause”). ORS 135.455(1). But see State v. Edgmand, 306 Or 535 (1988) (Defendant can testify to his/her alibi).
  • A defense “raised at trial,” other than an affirmative defense (i.e. self defense, et cetera), must be raised at trial. “‘Raised by the defendant’ means either notice in writing to the state before commencement of trial or affirmative evidence by a defense witness in the defendant’s case in chief.” ORS 161.055.
  • Notice of Defense of Mental Disease or Defect – written notice at time defendant pleads not guilty. However “the defendant may file such notice at any time after the plea but before trial when just cause for failure to file the notice at the time of making the plea is made to appear to the satisfaction of the court.” ORS 161.309(3).

  • Marijuana Laws Affirmative Defense - Notice "shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the intention to offer such a defense...." ORS 475.319(4).
  • “Intent to Use Defense of Extreme Emotional Disturbance” – “The notice required must be in writing and must be filed at the time the defendant pleads not guilty. The defendant may file the notice at any time after the defendant pleads but before trial if the court determines that there was just cause for failure to file the notice at the time of the defendant’s plea. ORS 163.135.

3. Evidentiary Issues (includes, but is not limited to)–

  • Controlled Substance Analysis - Must object to certified copy of analytical report "not less than 15 days prior to trial." ORS 475.235(5).
  • Rape Shield Notice – must be filed 15 days prior to trial. OEC 412 (But see LaJoie v. Thompson, 201 F3rd 1166 (9th Cir 2000) (Rule may violate defendant’s 6th Amendment right).
  • Notice of Complaint of Sexual Misconduct – 15 days before trial, except for good cause shown. OEC 803(18)(b).
  • Notice of Unspecified Hearsay – “Sufficiently in advance of trial or hearing, or as soon as practicable after it becomes apparent that such statement is probative***.” OEC 803(28).

4. DUII Specific Related Deadlines (includes, but is not limited to)–

  • Request for Implied Consent Suspension Hearing – must be received by department within ten (10) days of arrest or ten (10) days from date department sends notice of suspension. ORS 813.410(3).
  • Diversion petition must be filed within 30 days of “first appearance on the summons” unless court finds “good cause.” ORS 813.210(1)(a).
  • Petition for Extension of Diversion Period – within 30 days prior to end of diversion. ORS 813.225(1).
  • Use of Implied Consent Hearing Tape or Transcript – must provide copy to opposing attorney “at least seven days prior to the first date set for trial,” except for “good cause.” ORS 813.324(1).
  • Notice of Intent to Challenge Validity of Prior Convictions – at least seven days prior to first date set for trial on the felony charge. ORS 813.328.

5. Related Deadlines & Time Requirements (includes, but is not limited to)–

  • In-custody defendant right to trial in 60 days (sixty-day rule). ORS 136.290.
  • Deadline to bring inmate to trial – ninety (90) days from written notice by inmate except for good cause shown. ORS 135.763.
  • Notice of Enhancement – state must provide written notice to defendant with a “reasonable time after filing the accusatory instrument,” if not plead in the accusatory instrument. 136.765.
  • Presentence report – “A copy of the presentence report and all other written information concerning the defendant that the court considers in the imposition of sentence shall be made available to the district attorney, the defendant or defendant’s counsel at least five judicial days before the sentencing of the defendant.” ORS 137.079(1).
  • Surrender by defendant to avoid forfeiture of posted security after claim of release agreement violation – within 30 days after the court declares the forfeiture (“good cause” provision noted). ORS 135.280.
  • DNA Testing. ORS 138.696.
  • Post-Conviction Relief. ORS 138.520.

*Rules and laws change, and are subject to interpretation. This reference should only be used as a research tool and to refresh the user’s memory.