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Oregon Revised Statutes

Or. Rev. Stat. § 135.530 (2026)

Effect of allowance of motion

✓ current as of May 2026
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      135.530 Effect of allowance of motion. (1) If the motion to set aside or dismiss is allowed, the court shall order that the defendant, if in custody, be discharged therefrom or, if the defendant has been released, that the release agreement be discharged and the security deposit be refunded as provided by law, unless the court allows the case to be refiled or resubmitted to the same or another grand jury.

      (2) If the court allows the case to be resubmitted or refiled, it must be resubmitted or refiled by the state within 30 days from the date on which the court enters the order. If the case is not resubmitted or refiled within that time, the defendant shall be released from custody or the release agreement discharged or the security deposit returned. [Amended by 1973 c.836 §180]

Notes of Decisions
Cited in 8 cases, 1954–2004 · leading case: State v. King, 733 P.2d 472 (Or. Ct. App. 1987).
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State v. King, 733 P.2d 472 (Or. Ct. App. 1987). · cites it 3× “Defendant argues that, because the first indictment was quashed on constitutional grounds, the trial court did not have authority under ORS 135.530 4 to allow resubmission and *169 reindictment.”
Gonzalez v. State, 83 P.3d 921 (Or. Ct. App. 2004). “See also ORS 135.530. “[Constitutionally adequate performance by counsel in advising a client whether to enter a negotiated plea of guilty entails disclosure of the consequences of a guilty plea and conviction.”
State of Oregon v. Kuhnhausen, 272 P.2d 225 (Or. 1954). “Under date of February 13, 1952, the demurrer was sustained, and in its order sustaining the demurrer the trial court directed that the indictment as to Williams be resubmitted to the grand jury pursuant to the provisions of §§ 26-826 and 26-827, OC LA (ORS 135.530 and 135.540).…”
State v. Reichert, 593 P.2d 1298 (Or. Ct. App. 1979). · cites it 2× “" [2] ORS 135.530(1) provides: "If the motion to set aside or dismiss is allowed, the court shall order that the defendant, if in custody, be discharged therefrom or, if he has been released, that his release agreement be discharged and his security deposit be refunded as…”
State v. Silver, 398 P.2d 178 (Or. 1965). “550 provides that unless a new indictment is found before the next grand jury is discharged, the court shall, on the discharge of *464 such grand jury, make an order discharging the defendant, as prescribed in ORS 135.530. We have also stated in State v.”
State v. Moline, 800 P.2d 299 (Or. Ct. App. 1990). · cites it 4× “3 Yet, ORS 135.530, 4 which governs resubmission of a case, includes language nearly identical to the language of ORS 135.”
State v. Johnson, 722 P.2d 1266 (Or. Ct. App. 1986). “3 Technical defects can be corrected pursuant to Article VII (amended), section 5(6), of the Oregon Constitution: “The district attorney may file an amended indictment or information whenever, by ruling of the court, an indictment or information is held to be defective in form.”
State v. Ivory, 531 P.2d 293 (Or. Ct. App. 1975). “110 was reduced to 30 days by Oregon Laws 1971, ch 286, a fact which does not affect the authority of these cases in their construction of ORS 135.530(2) and former ORS 134.110, now ORS 135.”
— Or. Rev. Stat. § 135.530(1) — 1 case
State v. Reichert, 593 P.2d 1298 (Or. Ct. App. 1979). “" [2] ORS 135.530(1) provides: "If the motion to set aside or dismiss is allowed, the court shall order that the defendant, if in custody, be discharged therefrom or, if he has been released, that his release agreement be discharged and his security deposit be refunded as…”
— Or. Rev. Stat. § 135.530(2) — 2 cases
State v. Moline, 800 P.2d 299 (Or. Ct. App. 1990). “3 Yet, ORS 135.530, 4 which governs resubmission of a case, includes language nearly identical to the language of ORS 135.”
State v. Ivory, 531 P.2d 293 (Or. Ct. App. 1975). “110 was reduced to 30 days by Oregon Laws 1971, ch 286, a fact which does not affect the authority of these cases in their construction of ORS 135.530(2) and former ORS 134.110, now ORS 135.”
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