Title 135 · ORS Chapter 135

134.110] �� 135.746 Time period within which trial must commence. (1) Except as provided in ORS 135.748: �� (a) A trial in which the most serious charge alleged in the charging instrument i

Citation: ORS 134.110

Section: 134.110

134.110]

�� 135.746 Time period within which trial must commence. (1) Except as provided in ORS 135.748:

�� (a) A trial in which the most serious charge alleged in the charging instrument is designated by statute as a misdemeanor must commence within two years from the date of the filing of the charging instrument.

�� (b) A trial in which the most serious charge alleged in the charging instrument is designated by statute as a felony must commence within three years from the date of the filing of the charging instrument.

�� (c) A trial in which two or more charges have been consolidated pursuant to ORS 132.560 must commence within the applicable time period required in this subsection for the most serious offense alleged in the charging instrument.

�� (d) A joint trial in which two or more defendants are charged in the same charging instrument must commence within the applicable time period required in this subsection for the most serious offense alleged in the charging instrument.

�� (2) The time limits required in subsection (1) of this section cease to apply to a defendant who fails to appear at the date and time scheduled for trial.

�� (3) If a trial date is scheduled by the court for a defendant represented by counsel and neither the defendant nor the defendant�s counsel objects within seven days of the notice of the trial date to the fact that the scheduled trial date is not within the time limit required in subsection (1) of this section, the time limit is extended until the scheduled trial date, and may be further extended as provided in ORS 135.748. [2014 c.73 �1]

�� Note: 135.746, 135.748 and 135.752 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 135 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 135.747 [Formerly 134.120; repealed by 2013 c.431 �1]

�� 135.748 Periods of time excluded from time limits. (1) All applicable periods of elapsed time as follows are excluded from the time limits described in ORS 135.746:

�� (a) A period of time during which the defendant is:

�� (A) Under observation or examination for fitness to proceed under ORS 161.365, beginning when the issue of the defendant�s possible lack of fitness to proceed has been raised by the defendant or the defendant�s counsel, until a final determination regarding the defendant�s fitness to proceed has been made by the court;

�� (B) Determined to be unfit to proceed by the court pursuant to ORS 161.360, 161.363 and 161.370;

�� (C) Under observation or examination after notice of the issue of the defendant�s qualifying mental disorder, partial responsibility, diminished capacity, insanity or other mental defense is raised by the defendant or the defendant�s counsel, until the trial date; or

�� (D) Unable to appear by reason of illness or physical disability.

�� (b) A period of time following the filing of an interlocutory appeal or an appeal from the dismissal of the charge or charging instrument, or that results from a stay issued by an appellate court in a mandamus or habeas proceeding, until the appellate judgment is issued or the stay is lifted by the appellate court.

�� (c) A period of time between a scheduled court appearance at which the defendant fails to appear and the next scheduled court appearance other than an appearance that occurs for the purpose of addressing a warrant resulting from the defendant�s failure to appear.

�� (d) A period of time during which the defendant�s location is known but the defendant�s presence for trial cannot be obtained, or during which the defendant is outside this state and resists being returned to this state for trial.

�� (e) A period of time during which the defendant�s location is unknown and:

�� (A) The defendant has attempted to avoid apprehension or prosecution; or

�� (B) The defendant�s location cannot be determined by due diligence.

�� (f) A period of time while the defendant is on trial or engaged in court proceedings in an unrelated matter, whether in the same court or a different court, and was therefore physically unavailable for trial.

�� (g) A period of time between a mistrial on the charging instrument and a subsequent trial on the charging instrument, not to exceed three months for each mistrial. The three-month limit may be extended by the court for good cause upon request from either party or upon the court�s own motion.

�� (h) A period of time between a continuance or a rescheduling of a trial date, granted at the request of, or with the consent of, the defendant or the defendant�s counsel, and the new trial date. A defendant who is proceeding without counsel may not consent to a continuance or a rescheduling unless the court has advised the defendant of the defendant�s right to a speedy trial within the time limit required in ORS 135.746 and the consequences of the defendant�s consent to the continuance or rescheduling.

�� (2) Any period of time excluded pursuant to subsection (1) of this section from the time limits described in ORS 135.746 that applies to a defendant shall apply to all other defendants charged in the charging instrument. However, if the court finds that it is clearly inappropriate to apply the time exclusion to all of the other defendants, the court may order any relief that justice requires. [2014 c.73 �2; 2017 c.634 �2; 2025 c.559 �55]

�� Note: See note under 135.746.

�� 135.750 Where there is reason for delay. If the defendant is not proceeded against as provided in ORS 135.745, and sufficient reason therefor is shown, the court may order the action to be continued and in the meantime may release the defendant from custody as provided in ORS 135.230 to 135.290, for the appearance of the defendant to answer the charge or action. [Formerly 134.130; 2013 c.431 �2]

�� 135.752 When trial not commenced within time limit. If a trial is not commenced as required by ORS 135.746, the court shall order the charging instrument to be dismissed without prejudice unless the court finds on the record substantial and compelling reasons to allow the proceeding to continue. [2014 c.73 �3]

�� Note: See note under 135.746.

DISMISSAL OF ACTION

�� 135.753 Effect of dismissal. (1) If the court directs the charge or action to be dismissed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement is exonerated and security deposited shall be refunded to the defendant.

�� (2) An order for the dismissal of a charge or action, as provided in ORS 135.703 to 135.709 and