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Oregon Revised Statutes

Or. Rev. Stat. § 135.510 (2026)

Grounds for motion to set aside the indictment

✓ current as of May 2026
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      135.510 Grounds for motion to set aside the indictment. (1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases:

      (a) When it is not found, indorsed and presented as prescribed in ORS 132.360, 132.400 to 132.430 and 132.580.

      (b) When the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon.

      (2) Subsection (1)(b) of this section does not apply if the absence of a witness’s name is permitted under ORS 132.580. [Amended by 1959 c.426 §2; 1973 c.836 §178; 2019 c.338 §3]

Notes of Decisions
Cited in 28 cases (3 in the last 5 years), 1954–2026 · leading case: State v. Gortmaker, 655 P.2d 575 (Or. Ct. App. 1982).
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State v. Gortmaker, 655 P.2d 575 (Or. Ct. App. 1982). · cites it 28× “" [4] In response, the state argues (1) that defendant's motion is barred by ORS 135.510; (2) that Article VII, Section 5(2) does not create a substantive right for individual defendants but rather is only the authority for prosecutors to proceed by grand jury indictment; (3)…”
State v. Pratt, 853 P.2d 827 (Or. 1993). · cites it 8× “They are: (1) a motion to set aside an indictment, ORS 135.510, and (2) a demurrer, ORS 135.”
State v. Moen, 786 P.2d 111 (Or. 1990). · cites it 6× “2d 1174 (1988), this court stated: "Under this court's long-standing and consistent interpretation of ORS 135.510, an indictment cannot be set aside on any statutory ground save those listed in ORS 135.”
State v. Stout, 749 P.2d 1174 (Or. 1988). · cites it 13× “510 provides: “(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: “(a) When it is not found, indorsed and presented as prescribed in ORS 132.360 [number of jurors required to concur], 132.”
State v. Robertson, 649 P.2d 569 (Or. 1982). · cites it 2× “An indictment is properly "set aside" for procedural or formal defects listed in ORS 135.510. [3] The 1971 amendment was presented to the legislative committees by then Solicitor General Tanzer.”
State v. Freeland, 667 P.2d 509 (Or. 1983). · cites it 2× “745, the "dismissal [of a] charge or action," ORS 135.753, or the "proceedings," ORS 135.”
State v. Gortmaker, 668 P.2d 354 (Or. 1983). · cites it 2× “Notwithstanding this position, the trial court, relying upon ORS 135.510, and the holding of State v. Bock, 49 Or 25 , 88 P 318 (1907), found that the defendant was prohibited from attacking the grand jury selection procedure on constitutional grounds.”
State v. Reyes, 308 P.2d 182 (Or. 1957). · cites it 2× “In the latter case we said that "even if the motion will lie to quash an indictment *632 for irregularities in the proceedings before the grand jury or the district attorney, not prescribed by Chapter VII, [see ORS 135.510], still such motion cannot be permitted to question the…”
State of Oregon v. Kuhnhausen, 272 P.2d 225 (Or. 1954). · cites it 2× “070); or on motion to set aside an indictment (ORS 135.510). The clear implication is that the statute has expressly provided for the defendant's personal appearance whenever such presence is deemed necessary.”
State v. Conger, 878 P.2d 1089 (Or. 1994). · cites it 2× “ORS 135.510(1) provides: "The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: "(a) When it is not found, indorsed and presented as prescribed in ORS 132.”
Goodwin v. State, 866 P.2d 466 (Or. Ct. App. 1993). · cites it 2× “It said, "Any right that defendant may have had to have the indictment set aside—and we express no opinion on that question—had to be exercised in a timely manner under [ORS 135.510(1)(a) and ORS 135.520]." 316 Or at 567 .”
State Ex Rel. Schrunk v. Bonebrake, 865 P.2d 1289 (Or. 1994). · cites it 3× “” 6 ORS 135.510(1) provides, in part: “The indictment shall be set aside by the court upon the motion of the defendant * * *: “(a) When it is not found, indorsed and presented as prescribed in ORS 132.”
Show all 28 citing cases →
— Or. Rev. Stat. § 135.510(1) — 7 cases
State v. Freeland, 667 P.2d 509 (Or. 1983). “745, the "dismissal [of a] charge or action," ORS 135.753, or the "proceedings," ORS 135.”
State v. Conger, 878 P.2d 1089 (Or. 1994). “ORS 135.510(1) provides: "The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: "(a) When it is not found, indorsed and presented as prescribed in ORS 132.”
State v. Gortmaker, 668 P.2d 354 (Or. 1983). “Notwithstanding this position, the trial court, relying upon ORS 135.510, and the holding of State v. Bock, 49 Or 25 , 88 P 318 (1907), found that the defendant was prohibited from attacking the grand jury selection procedure on constitutional grounds.”
State v. Wright, 999 P.2d 1220 (Or. Ct. App. 2000).
State Ex Rel. Schrunk v. Bonebrake, 865 P.2d 1289 (Or. 1994). “” 6 ORS 135.510(1) provides, in part: “The indictment shall be set aside by the court upon the motion of the defendant * * *: “(a) When it is not found, indorsed and presented as prescribed in ORS 132.”
— Or. Rev. Stat. § 135.510(1)(a) — 3 cases
State v. Pratt, 853 P.2d 827 (Or. 1993). “They are: (1) a motion to set aside an indictment, ORS 135.510, and (2) a demurrer, ORS 135.”
State Ex Rel. Schrunk v. Bonebrake, 865 P.2d 1289 (Or. 1994). “” 6 ORS 135.510(1) provides, in part: “The indictment shall be set aside by the court upon the motion of the defendant * * *: “(a) When it is not found, indorsed and presented as prescribed in ORS 132.”
Goodwin v. State, 866 P.2d 466 (Or. Ct. App. 1993). “It said, "Any right that defendant may have had to have the indictment set aside—and we express no opinion on that question—had to be exercised in a timely manner under [ORS 135.510(1)(a) and ORS 135.520]." 316 Or at 567 .”
— Or. Rev. Stat. § 135.510(3) — 1 case
Horath (D. Or. 2026).
— Or. Rev. Stat. § 135.510(l)(a) — 2 cases
State v. Pratt, 853 P.2d 827 (Or. 1993). “They are: (1) a motion to set aside an indictment, ORS 135.510, and (2) a demurrer, ORS 135.”
Goodwin v. State, 866 P.2d 466 (Or. Ct. App. 1993). “It said, "Any right that defendant may have had to have the indictment set aside—and we express no opinion on that question—had to be exercised in a timely manner under [ORS 135.510(1)(a) and ORS 135.520]." 316 Or at 567 .”
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