Oregon Statutes 153.076 – Conduct of trial
(1) Violation proceedings shall be tried to the court sitting without jury. The trial in a violation proceeding may not be scheduled fewer than seven days after the date that the citation is issued unless the defendant waives the seven-day period.
Terms Used In Oregon Statutes 153.076
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Violation: means an offense described in ORS § 153. See Oregon Statutes 153.005
- Violation proceeding: means a judicial proceeding initiated by issuance of a citation that charges a person with commission of a violation. See Oregon Statutes 153.005
(2) The state, municipality or political subdivision shall have the burden of proving the charged violation by a preponderance of the evidence.
(3) The pretrial discovery rules in ORS § 135.805 to 135.873 apply in violation proceedings.
(4) The defendant may not be required to be a witness in the trial of any violation.
(5) Defense counsel shall not be provided at public expense in any proceeding in which only violations are charged.
(6) A district attorney or city attorney may aid in preparing evidence and obtaining witnesses but, except upon good cause shown to the court, shall not appear in violation proceedings unless counsel for the defendant appears. The court shall ensure that the district attorney or city attorney is given timely notice if defense counsel is to appear at trial. [1999 c.1051 § 21]