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Oregon Revised Statutes

Or. Rev. Stat. § 135.020 (2026)

Scope of proceedings

✓ current as of May 2026
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      135.020 Scope of proceedings. The arraignment shall be made by the court, or by the clerk or the district attorney under its direction, as provided in ORS 135.030. The arraignment consists of reading the accusatory instrument to the defendant, causing delivery to the defendant of a copy thereof and indorsements thereon, including the list of witnesses indorsed on it or appended thereto if the accusatory instrument is an indictment, asking the defendant how the defendant pleads to the charge. [Amended by 1973 c.836 §131; 1983 c.344 §2]

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1969–2025 · leading case: Stevens v. Bispham, 851 P.2d 556 (Or. 1993).
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Stevens v. Bispham, 851 P.2d 556 (Or. 1993). · cites it 2× “040, to be informed of the charge against the person, ORS 135.020, to be admitted to bail, ORS 135.”
State v. Mendacino, 603 P.2d 1376 (Or. 1979). “010 appears to require that the actual arraignment be held with in the time limits specified, and that the arraignment include the proceedings set forth in ORS 135.020: "The arraignment shall be made by the court, or by the clerk or the district attorney under its direction, and…”
State v. Miller, 458 P.2d 1017 (Or. 1969). · cites it 4× “" ORS 135.020. [5] ORS 135.410 [6] and 135.”
State v. Brooks, 456 P.3d 665 (Or. Ct. App. 2019). “030 The arraignment consists of reading the accusatory instrument to the defendant, causing deliv- ery to the defendant of a copy thereof and indorsements thereon, including the list of witnesses indorsed on it or appended thereto if the accusatory instrument is an indict- ment,…”
State v. Thomas, 780 P.2d 1197 (Or. Ct. App. 1989). · cites it 2× “565(2) provided at the relevant time: "Upon appearance of the defendant upon any misdemeanor charge other than a misdemeanor created under the Oregon Vehicle Code, and before asking under ORS 135.020 how the defendant pleads to the charge, the court may declare on the record its…”
State v. Rode, 848 P.2d 1232 (Or. Ct. App. 1993). · cites it 2× “010, before the court asks under ORS 135.020 how the defendant pleads to the charge, the district attorney shall declare on the record the intention whether or not to treat the offense in the case as a violation.”
State v. Thomas, 806 P.2d 689 (Or. 1991). “” That statute also provides: “Upon appearance of the defendant upon any misdemeanor charge, * * * before the court asks under ORS 135.020 how the defendant pleads to the charge, the [state] shall declare on the record the intention whether or not to treat the offense in the…”
State v. Dolan, 595 P.2d 836 (Or. Ct. App. 1979). “Having pleaded to the charge, he waives a challenge as to definiteness and certainty.”
State v. Pedersen, 566 P.3d 24 (Or. Ct. App. 2025). “” ORS 135.020. Additionally, the defendant must be informed that, “[i]f the name by which the defendant is charged in the accusa- tory instrument is not the true name of the defendant the defendant must then declare the true name,” or else “the defendant is ineligible for any…”
Shipley v. Cupp, 650 P.2d 1032 (Or. Ct. App. 1982). · cites it 2× “) As to the scope of arraignment proceedings, ORS 135.020 provides: “The arraignment shall be made by the court, or by the clerk or the district attorney under its direction, and consists of reading the accusatory instrument to the defendant, delivering to him a copy thereof and…”
State v. Boettcher, 338 Or. App. 783 (Or. Ct. App. 2025). “” ORS 135.020. Pursuant to ORS 135.380(2), a defendant may plead guilty at “arraignment or any time thereafter.”
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