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Oregon Revised Statutes

Or. Rev. Stat. § 135.610 (2026)

Demurrer; generally

✓ current as of May 2026
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      135.610 Demurrer; generally. (1) The demurrer shall be entered either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.

      (2) The demurrer shall be in writing, signed by the defendant or the attorney of the defendant and filed. It shall distinctly specify the ground of objection to the accusatory instrument. [Amended by 1973 c.836 §183]

 

      135.620 [Repealed by 1973 c.836 §358]

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1954–2025 · leading case: State v. Wimber, 843 P.2d 424 (Or. 1992).
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State v. Wimber, 843 P.2d 424 (Or. 1992). · cites it 14× “2d 471 (1969), this court explained: "The words `such other time' in ORS 135.610 establish a discretion in the trial court to permit the filing of a demurrer at times other than arraignment.”
State v. Pratt, 853 P.2d 827 (Or. 1993). · cites it 4× “510, and (2) a demurrer, ORS 135.610. With two exceptions concerning a demurrer that are not pertinent to our inquiry in this case, either a motion to set aside an indictment or a demurrer must be filed before trial.”
State v. Montez, 789 P.2d 1352 (Or. 1990). · cites it 2× “Furthermore, the proper time for defendant's objection to the indictment was before trial.”
State v. Marks, 400 P.3d 951 (Or. Ct. App. 2017). · cites it 2× “The Oregon Criminal Procedural Code (ORS 135.610 to 135.700, in particular) contemplates that a ruling allowing a demurrer constitutes a final disposition subject *787 to exceptions which are inapplicable here.”
State v. Hankins, 151 P.3d 149 (Or. 2007). · cites it 3× “The first issue is whether, although defendant did not file a pretrial demurrer, ORS 135.610 permitted him to file a demurrer later during trial.”
State Ex Rel. Schrunk v. Bonebrake, 865 P.2d 1289 (Or. 1994). · cites it 4× “*321 Defendant judge argues that there is no qualitative difference between “other time” in ORS 135.610 (demurrer) and “additional time” in ORS 135.”
State of Oregon v. Kuhnhausen, 272 P.2d 225 (Or. 1954). · cites it 2× “" There is no statutory requirement of personal presence at a hearing on demurrer (ORS 135.610); on postponement after the case is at issue (ORS 136.”
State v. White, 838 P.2d 605 (Or. Ct. App. 1992). · cites it 2× “Defendant argues that the court should have granted his demurrer to the complaint, because it did not specify the act that constituted menacing.”
State v. Miller, 458 P.2d 1017 (Or. 1969). · cites it 4× “ORS 135.610 [9] and 135.810 [10] provide respectively that demurrers and pleas shall be made either at the time of the arraignment or at such other time as shall be allowed the defendant for that purpose.”
State v. Stout, 415 P.3d 567 (Or. 2018). “See ORS 135.610 - 135.700 (describing the process of a demur to challenge an indictment).”
State v. Wolfs, 826 P.2d 623 (Or. 1992). · cites it 2× “ORS 135.610(1) provides that a defendant may enter a demurrer “either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.”
State v. Parker, 704 P.2d 1144 (Or. 1985). “A demurrer is required to be in writing by ORS 135.610(2), but the state did not object in the trial court to the demurrer being presented orally, and the trial court entertained the demurrer.”
Show all 24 citing cases →
— Or. Rev. Stat. § 135.610(1) — 10 cases
State v. Wimber, 843 P.2d 424 (Or. 1992). “2d 471 (1969), this court explained: "The words `such other time' in ORS 135.610 establish a discretion in the trial court to permit the filing of a demurrer at times other than arraignment.”
State v. Marks, 400 P.3d 951 (Or. Ct. App. 2017). “The Oregon Criminal Procedural Code (ORS 135.610 to 135.700, in particular) contemplates that a ruling allowing a demurrer constitutes a final disposition subject *787 to exceptions which are inapplicable here.”
State Ex Rel. Schrunk v. Bonebrake, 865 P.2d 1289 (Or. 1994). “*321 Defendant judge argues that there is no qualitative difference between “other time” in ORS 135.610 (demurrer) and “additional time” in ORS 135.”
State v. Wolfs, 826 P.2d 623 (Or. 1992). “ORS 135.610(1) provides that a defendant may enter a demurrer “either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.”
State v. Thompson, 595 P.2d 842 (Or. Ct. App. 1979).
— Or. Rev. Stat. § 135.610(2) — 2 cases
State v. Parker, 704 P.2d 1144 (Or. 1985). “A demurrer is required to be in writing by ORS 135.610(2), but the state did not object in the trial court to the demurrer being presented orally, and the trial court entertained the demurrer.”
State v. Morgan, 951 P.2d 187 (Or. Ct. App. 1997).
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