Oregon Statutes 147.525 – Rescheduling matters affected by claim, response or motion
(1) Pending the hearing described in ORS § 147.530, the court may reschedule any matter in the criminal proceeding that may directly impact, or be directly impacted by, the claim, a response filed under ORS § 147.517 (4) or a motion filed under ORS § 147.522. All other matters in the criminal proceeding shall continue in the ordinary course.
Terms Used In Oregon Statutes 147.525
- Continuance: Putting off of a hearing ot trial until a later time.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) In determining whether to reschedule a matter under subsection (1) of this section, in addition to other factors the court considers important, the court shall consider:
(a) The likelihood that the requested relief will be granted in light of the support in fact and law for the relief, as shown in the claim, the response filed under ORS § 147.517 (4) or the motion filed under ORS § 147.522;
(b) Whether the claim, response or motion is made in good faith and not for the purpose of delay;
(c) The nature of the harm to the victim, the prosecuting attorney, the defendant, any person against whom relief is requested and the public that will likely result from rescheduling the matter;
(d) The rights guaranteed to the victim, the prosecuting attorney, the defendant and any person against whom relief is requested under the Oregon Constitution or the United States Constitution and under Oregon statutory and decisional law; and
(e) Whether the defendant is in custody and, if so, whether the defendant has expressly consented to a continuance of the trial under ORS § 136.290.
(3) A pretrial release decision may not be continued under this section for more than 14 days.
(4) Unless the court finds good cause to continue the trial to a later date, a trial may not be continued under this section for more than 14 days. [2009 c.178 § 10]
See note under 147.500.