Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 135.680

Procedure if resubmission of case not allowed

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      135.680 Procedure if resubmission of case not allowed. If the court does not allow the case to be resubmitted or an amended complaint or information filed, the defendant, if in custody, shall be discharged. If the defendant has been released, the release agreement shall be discharged. If the defendant has deposited any security, the security shall be returned to the defendant as provided by law. [Amended by 1973 c.836 §187]

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1969–2025 · leading case: State v. Kuznetsov
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State v. Kuznetsov (2008) or “ORS 135.680 provides that if, after allowance of demurrer, “the court does not allow * * * an amended complaint or information [to be] filed, the defendant, if in custody, shall be discharged.”
State v. Miller (1969) or · cites it 2× “" [3] ORS 135.680. "If the court does not direct the case to be resubmitted, the defendant, if in custody, shall be discharged.”
State v. Costello (1992) orctapp “If the case is not resubmitted or refiled within that time, the defendant shall be discharged from custody or the release agreement discharged or the security deposit returned as provided in ORS 135.680.””
State v. Kuznetsov (2007) orctapp “But see ORS 135.680 (providing for the discharge from custody of a defendant where, after a demurrer is allowed, “the court does not allow the case to be resubmitted or an amended complaint or information filed”).”
State v. Levitt (2025) orctapp · cites it 2× “If Cite as 345 Or App 497 (2025) 501 the case is not resubmitted or refiled within that time, the defendant shall be discharged from custody or the release agreement discharged or the security deposit returned as provided in ORS 135.680.” Taken together, if a trial court grants…”
State v. Moline (1990) orctapp “If the case is not resubmitted or refiled within that time, the defendant shall be discharged from custody or the release agreement discharged or the security deposit returned as provided in ORS 135.680.” Defendant argues that the trial court erred in denying the motion to…”
State v. Levitt (2025) orctapp · cites it 2× “If Cite as 345 Or App 497 (2025) 501 the case is not resubmitted or refiled within that time, the defendant shall be discharged from custody or the release agreement discharged or the security deposit returned as provided in ORS 135.680.” Taken together, if a trial court grants…”
State v. Stevenson (1986) orctapp “If the case is not resubmitted or refiled within that time, the defendant shall be discharged from custody or the release agreement discharged or the security deposit returned as provided in ORS 135.680.” Defendant argues that it was error to deny the motion to dismiss, because…”
State v. Harrison (1993) orctapp “If the case is not resubmitted or refiled within that time, the defendant shall be discharged from custody or the release agreement discharged or the security deposit returned as provided in ORS 135.680.” In State v. Moline, 104 Or App 173 , 800 P2d 299 (1990), the defendant…”
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