Title 14, Procedure in Criminal Matters Generally

As used in ORS 138.010 to 138.310: (1) Unless the context requires otherwise, the terms defined in ORS 19.005 have the meanings set forth in ORS 19.005. (2) “Appealable” means, in reference to a judgment or order rendered by a trial court, that the judgment or order is, by law, s…

Writs of error and of certiorari in criminal actions are abolished. The only mode of reviewing a judgment or order in a criminal action is that prescribed by ORS 138.010 to 138.310.

The provisions of ORS 19.250, 19.260, 19.270, 19.365, 19.370, 19.380, 19.385, 19.390, 19.395, 19.435, 19.450 and 19.510 and, if the defendant is the appellant, the provisions of ORS 19.420 (3) shall apply to appeals to the Supreme Court and the Court of Appeals. [Formerly 138.185…

Either the state or the defendant may as a matter of right appeal from a judgment in a criminal action in the cases prescribed in ORS 138.010 to 138.310, and not otherwise.

The party appealing is known as the appellant and the adverse party as the respondent; but the title of the action is not changed in consequence of the appeal. (Appealable Judgments and Orders)

(1)(a) A defendant may take an appeal from the circuit court, or from a municipal court or a justice court that has become a court of record under ORS 51.025 or 221.342, to the Court of Appeals from a judgment: (A) Conclusively disposing of all counts in the accusatory instrument…

(1) The state may take an appeal from the circuit court, or from a municipal court or a justice court that has become a court of record under ORS 51.025 or 221.342, to the Court of Appeals from: (a) An order made prior to trial dismissing or setting aside one or more counts in th…

(1) The judgment of conviction and sentence of death entered under ORS 163.150 (1)(f) is subject to automatic and direct review by the Supreme Court. The review by the Supreme Court has priority over all other cases and shall be heard in accordance with rules adopted by the Supre…

(1) If a justice court or municipal court has become a court of record under ORS 51.025 or 221.342, an appeal from a judgment involving a violation shall be as provided in ORS chapter 19 for appeals from judgments entered by circuit courts, except that the standard of review is t…

A party may appeal a judgment or order deciding a special statutory proceeding as provided in ORS 19.205. [2017 c.529 §12]

(1) Except as provided in this section, a notice of appeal must be served and filed not later than 30 days after the judgment or order appealed from was entered in the register. (2) If a motion for new trial or motion in arrest of judgment is timely served and filed, a notice of …

(1) An appeal shall be taken by causing a notice of appeal in the form prescribed by ORS 19.250 to be served: (a)(A) When the defendant appeals: (i) On the district attorney for the county in which the judgment is entered, if the appeal is from a conviction for a misdemeanor or f…

(1) If a defendant appeals a judgment of conviction based only on a plea of guilty or no contest, the notice of appeal must: (a) Include a statement that the defendant has reserved an issue for appeal under ORS 135.335; or (b) Identify a colorable claim of error reviewable under …

The notice of appeal shall be signed by: (1) The district attorney for the county or by the Attorney General, when an appeal is taken on behalf of the State of Oregon in a prosecution of an offense created by state statute. (2) The defendant or an attorney for the defendant, when…

(1) On appeal by a defendant, the appellate court has authority to review the judgment or order being appealed, subject to the provisions of this section. (2) The appellate court has authority to review only questions of law appearing on the record. (3) Except as otherwise provid…

(1) On appeal by the state, the appellate court has authority to review the judgment or order being appealed, subject to the provisions of this section. (2) The appellate court has authority to review only questions of law appearing on the record. (3) Except as otherwise provided…

If the appellant fails to file a brief in the appellate court, the court shall dismiss the appeal. The defendant need not personally appear in the appellate court. [Amended by 2017 c.529 §11]

In reviewing the judgment of any court under ORS 138.010 to 138.310, the Court of Appeals, on its own motion or on the motion of the respondent, may summarily affirm, without oral argument, the judgment after submission of the appellant’s brief and without submission of the respo…

(1) On joint motion of the parties to an appeal in a criminal case, the appellate court may vacate the judgment or order from which the appeal was taken and remand the matter to the trial court to reconsider the judgment or order, or any intermediate decision by the trial court. …

(1) An appeal to the Court of Appeals may be certified to the Supreme Court, and the Supreme Court may accept or deny acceptance of the certified appeal, as provided in ORS 19.405. (2) At any time before the State Court Administrator sends notice to the parties of the date of ora…

(1) Except as otherwise provided in this section, the appellate court may affirm, reverse, vacate or modify the judgment or order, or any part thereof, from which the appeal was taken. (2) Subject to Article VII (Amended), section 3, Oregon Constitution, the appellate court shall…

(1) When a defendant is charged with a felony and is in custody pending an appeal under ORS 138.045 (1)(a), (b) or (d), the Court of Appeals and the Supreme Court shall decide the appeal within the time limits prescribed by this section. (2)(a) Pursuant to rules adopted by the Co…

If the appellate court, during the pendency of an appeal, receives from the trial court an amended, corrected or supplemental judgment or an amended or corrected appealable order, the appellate court shall notify the attorney of record for the state and the attorney of record for…

(1)(a) A justice, municipal or circuit court may enter an order in a criminal action as defined in ORS 131.005 staying execution of a sentence, or a portion of a sentence, pending the resolution of an appeal. (b) Except for good cause shown, a motion for an order under this secti…

An appeal taken by the state stays the effect of the judgment or order in favor of the defendant, so that the release agreement and, if applicable, the security for release, is held for the appearance and surrender of the defendant until the final determination of the appeal and …

If the confinement designated by the court is the custody of the Department of Corrections, the defendant may be taken to a designated intake center during normal business hours unless prior arrangements have been made with the department. To the extent possible, the county takin…

When the executive director of the Oregon Public Defense Commission pays costs, expenses or compensation under ORS 138.500 (5) on appeal in a criminal action, the executive director shall notify the court below of the costs, expenses and compensation paid in order that the court …

The Supreme Court or the Court of Appeals may, in its discretion, at the request of an individual who is deprived of liberty by a judgment, is without means to retain an attorney and is without the aid of an attorney, direct the Oregon Public Defense Commission to provide represe…

(1) If a defendant in a criminal action or a petitioner in a proceeding pursuant to ORS 138.510 to 138.680 wishes to appeal from an appealable adverse final order or judgment of a circuit court and if the person is without funds to employ suitable counsel possessing skills and ex…

(1) If the defendant wishes to waive counsel in the appeal of a criminal action to the Court of Appeals or on review of a criminal action by the Supreme Court, the court shall determine whether the defendant has made a knowing and voluntary waiver of counsel. The court shall acce…

(1) Except as otherwise provided in ORS 138.540, any person convicted of a crime under the laws of this state may file a petition for post-conviction relief pursuant to ORS 138.510 to 138.680. (2) A petition for post-conviction relief may be filed by one person on behalf of anoth…

The relief which a court may grant or order under ORS 138.510 to 138.680 shall include release, new trial, modification of sentence, and such other relief as may be proper and just. The court may also make supplementary orders to the relief granted, concerning such matters as rea…

(1) The court may, on its own motion or on the motion of the defendant, enter a judgment denying a meritless petition brought under ORS 138.510 to 138.680. (2) As used in this section, “meritless petition” means one that, when liberally construed, fails to state a claim upon whic…

(1) In addition to any other relief a court may grant or order under ORS 138.510 to 138.680, the court shall award attorney fees to the prevailing party if the court finds that the other party’s petition or response was frivolous. (2) An award of attorney fees under this section …

(1) Post-conviction relief pursuant to ORS 138.510 to 138.680 shall be granted by the court when one or more of the following grounds is established by the petitioner: (a) A substantial denial in the proceedings resulting in petitioner’s conviction, or in the appellate review the…

(1) Except as otherwise provided in ORS 138.510 to 138.680, a petition pursuant to ORS 138.510 to 138.680 shall be the exclusive means, after judgment rendered upon a conviction for a crime, for challenging the lawfulness of such judgment or the proceedings upon which it is based…

The effect of prior judicial proceedings concerning the conviction of petitioner which is challenged in the petition shall be as specified in this section and not otherwise: (1) The failure of petitioner to have sought appellate review of the conviction, or to have raised matters…

(1) A proceeding for post-conviction relief pursuant to ORS 138.510 to 138.680 shall be commenced by filing a petition with the clerk of the circuit court for the county in which the petitioner is imprisoned or, if the petitioner is not imprisoned, with the clerk of the circuit c…

If the petitioner is imprisoned, the petition shall name as defendant the official charged with the confinement of petitioner. If the petitioner is not imprisoned, the defendant shall be the State of Oregon. Whenever the defendant is the superintendent of a Department of Correcti…

The petition shall be certified by the petitioner. Facts within the personal knowledge of the petitioner and the authenticity of all documents and exhibits included in or attached to the petition must be sworn to affirmatively as true and correct. The Supreme Court, by rule, may …

(1) A person who files a petition for post-conviction relief under ORS 138.510 to 138.680 and who seeks jury records that are confidential under ORS 10.215 must either include in the petition a request for access to the confidential records or file a motion in the proceedings see…

(1) Any petitioner who is unable to pay the expenses of a proceeding pursuant to ORS 138.510 to 138.680 or to employ suitable counsel possessing skills and experience commensurate with the nature of the conviction and complexity of the case for the proceeding may proceed as a fin…

Within 30 days after the docketing of the petition, or within any further time the court may fix, the defendant shall respond by demurrer, answer or motion. No further pleadings shall be filed except as the court may order. The court may grant leave, at any time prior to entry of…

(1) In any proceeding for post-conviction relief pursuant to ORS 138.510 to 138.680, a party shall provide to the other party, upon written request of the other party or an order of the court, the identity of and, except as provided in subsection (5) of this section, the contact …

(1) After the response of the defendant to the petition, the court shall proceed to a hearing on the issues raised. If the defendant’s response is by demurrer or motion raising solely issues of law, the circuit court need not order that petitioner be present at such hearing, as l…

For the purpose of a court appearance under ORS 138.510 to 138.680, the court may approve the appearance of the parties, counsel for the parties or witnesses by telephone or other communication device approved by the court. However, the court may not approve the appearance of the…

(1) A petitioner in a post-conviction relief proceeding may not compel a victim to testify, either by deposition, hearing or otherwise, unless the petitioner moves for an order of the court allowing a subpoena. (2) A copy of the motion for a subpoena under this section must be se…

(1) To accord crime victims due dignity and respect, a victim of a crime that is the subject of a petition for post-conviction relief filed under ORS 138.510 to 138.680 has, upon request, the following rights: (a) The right to have the victim’s schedule taken into account in sche…

In a proceeding pursuant to ORS 138.510 to 138.680, events occurring at the trial of petitioner may be shown by a duly authenticated transcript, record or portion thereof. If such transcript or record cannot be produced, the affidavit of the judge who presided at the trial settin…

(1) After deciding the issues raised in the proceeding, the court shall enter a judgment denying the petition or granting the appropriate relief. The judgment may include orders as provided in ORS 138.520. The judgment must clearly state the grounds on which the cause was determi…