Or. Rev. Stat. § 133.060

Cited person to appear before magistrate; failure to appear; appearance during statewide emergency

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133.060 Cited person to appear before magistrate; failure to appear; appearance during statewide emergency. (1) Except as provided in subsections (3) and (4) of this section, a person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not be later than 30 days after the date the citation was issued.

(2) If the cited person fails to appear at the time, date and court specified in the criminal citation, and a complaint or information is filed, the magistrate shall issue a warrant of arrest, upon application for its issuance, upon the person’s failure to appear.

(3)(a) Notwithstanding subsection (1) of this section, during a period of statewide emergency, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued.

(b) During a period of statewide emergency, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court.

(c) The presiding judge may delegate the authority described in paragraph (b) of this subsection to another judge of the court.

(d) Nothing in this subsection affects the rights of a defendant under the Oregon and United States Constitutions.

(e) As used in this subsection, “period of statewide emergency” means the period of time during which any declaration of a state of emergency under ORS 401.165, public health emergency under ORS 433.441 or catastrophic disaster under Article X-A, section 1, of the Oregon Constitution, issued by the Governor, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect.

(4) Notwithstanding subsection (1) of this section, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued for purposes of allowing the person to participate in a deflection program as defined in ORS 137.687. [1969 c.244 §5; 1983 c.661 §1; 1997 c.548 §1; 1999 c.1051 §55; 2021 c.199 §2; 2024 c.70 §38]

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 1987–2026 · leading case: State v. Carter

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State v. Carter (2010) orctapp · cites it 5× “076(1) provides, in part: “A person commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation * * * and the person knowingly fails to do any of the following: “(a) Make an appearance in the manner required by ORS…”

State v. Krieger (2020) orctapp · cites it 3× “See ORS 133.060(2) (authorizing a trial court to issue a warrant when a defen- dant fails to appear as directed by a criminal citation).”

State v. Jordan (2021) orctapp · cites it 2× “076 and the person knowingly fails to do any of the following: “(a) Make an appearance in the manner required by ORS 133.060.” ORS 133.060 provides: “(1) A person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was…”

State v. Coulson (2011) orctapp · cites it 2× “068(7) (stating that the citation issued without a complaint must include a notice that a warrant will be issued if the person does not appear as directed "and a complaint or information has been filed" (capitalization omitted)).”

State v. Kenny (2014) orctapp · cites it 3× “076 and the person knowingly fails to do any of the following: “(a) Make an appearance in the manner required by ORS 133.060.” Thus, the state was required to establish two elements: (1) defendant was served with a criminal citation issued under ORS 133.”

State v. Robison (2009) orctapp · cites it 6× “The state *93 responds that nothing in ORS 133.060 suggests that the legislature intended a citation to be invalid because of a late appearance date and no statute provides a remedy for such a defect.”

State v. Anglin (2009) orctapp “” The first two subsections of ORS 133.060 governed the procedure to be followed after a citation was issued: “(1) The person cited shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not…”

State v. Newcomer (2014) orctapp “076 and the person knowingly fails to do any of the following: “(a) Make an appearance in the manner required by ORS 133.060.” At trial, defendant attempted to testify that he had written the wrong date in his calendar.”

State v. Murr (2013) orctapp “After reviewing ORS 133.060 and other statutes contemplating a citation and later-filed information process, we concluded that the issuance of the citation and the filing of a related information were part of a single prosecution for speedy trial purposes.”

State v. Clay (1987) orctapp · cites it 2× “In all other cases, except as provided for in ORS 133.060, the arraignment shall be held within 96 hours after the arrest.”

State v. Servatius (2017) orctapp · cites it 5× “076 and the person knowingly fails to do any of the following: “(a) Make an appearance in the manner required by ORS 133.060.” 3 (Emphasis added.) “Knowingly” means “that a person acts with an awareness that the conduct of the person is of a nature so *50 described * * ORS 161.”

State v. Pedersen (2025) orctapp “In all other cases, except as provided for in ORS 133.060 [(which allows up to 30 days for arraignment on a criminal citation)], the arraignment shall be held within 96 hours after the arrest.”

Show all 14 citing cases →

— Or. Rev. Stat. § 133.060(1) — 4 cases

State v. Carter (2010) orctapp “076(1) provides, in part: “A person commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation * * * and the person knowingly fails to do any of the following: “(a) Make an appearance in the manner required by ORS…”

State v. Kenny (2014) orctapp “076 and the person knowingly fails to do any of the following: “(a) Make an appearance in the manner required by ORS 133.060.” Thus, the state was required to establish two elements: (1) defendant was served with a criminal citation issued under ORS 133.”

State v. Robison (2009) orctapp “The state *93 responds that nothing in ORS 133.060 suggests that the legislature intended a citation to be invalid because of a late appearance date and no statute provides a remedy for such a defect.”

State v. Clay (1987) orctapp “In all other cases, except as provided for in ORS 133.060, the arraignment shall be held within 96 hours after the arrest.”

— Or. Rev. Stat. § 133.060(2) — 3 cases

State v. Krieger (2020) orctapp “See ORS 133.060(2) (authorizing a trial court to issue a warrant when a defen- dant fails to appear as directed by a criminal citation).”

State v. Coulson (2011) orctapp “068(7) (stating that the citation issued without a complaint must include a notice that a warrant will be issued if the person does not appear as directed "and a complaint or information has been filed" (capitalization omitted)).”

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