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Oregon Revised Statutes

Or. Rev. Stat. § 135.700 (2026)

Disallowance of demurrer

✓ current as of May 2026
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      135.700 Disallowance of demurrer. If the demurrer is disallowed, the court shall permit the defendant, at the election of the defendant, to plead, which the defendant must do forthwith or at such time as the court may allow; but if the defendant does not plead, a plea of not guilty shall be entered. [Amended by 1973 c.836 §189]

 

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Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: State v. Marks, 400 P.3d 951 (Or. Ct. App. 2017).
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State v. Marks, 400 P.3d 951 (Or. Ct. App. 2017). “If, on the other hand, the demurrer is disallowed, ORS 135.700 provides that the court shall permit the defendant to enter a plea and proceed to trial.”
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