Oregon Statutes 147.533 – Waiver of remedy
(1) A remedy under ORS § 147.500 to 147.550 is waived if the remedy is requested:
Terms Used In Oregon Statutes 147.533
- Arrest: Taking physical custody of a person by lawful authority.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) By a victim who had notice of a related claim and did neither of the following:
(A) File a response under ORS § 147.517 (4); or
(B) Participate in a hearing under ORS § 147.530; or
(b) By any person after:
(A) The date determined by the court under ORS § 147.517 (2)(a) if the person is filing a response;
(B) The period of time described in ORS § 147.522 if the person is filing a motion; or
(C) Former jeopardy attaches, unless a motion for new trial or a motion in arrest of judgment is granted.
(2) Subsection (1) of this section does not apply to:
(a) Remedies that may be effectuated after the disposition of a criminal proceeding;
(b) The right to obtain information described in section 42 (1)(b), Article I of the Oregon Constitution;
(c) The right to receive prompt restitution described in section 42 (1)(d), Article I of the Oregon Constitution;
(d) The right to have a copy of a transcript described in section 42 (1)(e), Article I of the Oregon Constitution; or
(e) Remedies requested in a subsequent criminal proceeding arising after a state or federal court has granted a new trial or sentencing, provided the remedy is not waived pursuant to subsection (1) of this section in the subsequent criminal proceeding. [2009 c.178 § 12]
See note under 147.500.