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Oregon Revised Statutes

Or. Rev. Stat. § 131.025 (2026)

Parties in criminal action

✓ current as of May 2026
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      131.025 Parties in criminal action. Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant. [1973 c.836 §3]

 

      131.030 [Repealed by 1973 c.836 §358]

Notes of Decisions
Cited in 8 cases, 1977–2020 · leading case: State v. Rogers, 836 P.2d 1308 (Or. 1992).
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State v. Rogers, 836 P.2d 1308 (Or. 1992). · cites it 2× “In defining the parties in a criminal action, ORS 131.025 provides that "the State of Oregon is the plaintiff," not that the state is the "complainant.”
State v. Cooper, 874 P.2d 822 (Or. 1994). “ORS 131.025. Therefore, the state in this case is a “party” within the meaning of OEC 615(2).”
State v. Atkinson, 562 P.2d 978 (Or. Ct. App. 1977). · cites it 2× “He cites ORS 131.025 which provides that in a criminal action the State of Oregon is the plaintiff except for offenses based on city or county ordinances.”
State v. Cooper, 852 P.2d 948 (Or. Ct. App. 1993). · cites it 2× “The majority's holding essentially consigns the state's ability to designate an investigative officer as its "officer or employee" to those cases in which a state police officer happened to be the investigating officer.”
City of Eugene v. Silva, 108 P.3d 23 (Or. Ct. App. 2005). “Mylander, 301 Or 178, 183 , 721 P2d 433 (1986) (holding under ORS 131.025 that cities prosecute state criminal offenses on behalf of state).”
City of Lake Oswego v. Mylander, 721 P.2d 433 (Or. 1986). “ORS 131.025 provides: “Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant.”
State v. Lorenzo, 459 P.3d 268 (Or. Ct. App. 2020). “The parties to a criminal case are described in ORS 131.025, which provides, “Except for offenses based on municipal or county ordinance, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant.”
City of Eugene v. Silva, 108 P.3d 23 (Or. Ct. App. 2005). “2d 433 (1986) (holding under ORS 131.025 that cities prosecute state criminal offenses on behalf of state).”
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