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Oregon Revised Statutes

Or. Rev. Stat. § 135.763 (2026)

Trial within 90 days of notice unless continuance granted

✓ current as of May 2026
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      135.763 Trial within 90 days of notice unless continuance granted. (1) The district attorney, after receiving a notice requesting trial under ORS 135.760, shall, within 90 days of receipt of the notice, bring the adult in custody to trial upon the pending charge.

      (2) The court shall grant any reasonable continuance with the consent of the defendant. Notwithstanding the defendant’s lack of consent, the court may grant a continuance on motion of the district attorney or on its own motion, for good cause shown. The fact of imprisonment is not good cause for the purposes of this subsection. [Formerly 134.520; 1993 c.542 §1; 2019 c.213 §16]

Notes of Decisions
Cited in 35 cases, 1979–2020 · leading case: State v. Person, 853 P.2d 813 (Or. 1993).
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State v. Person, 853 P.2d 813 (Or. 1993). · cites it 134× “The court's decision turned on the interpretation of ORS 135.763, which states: "(1) The district attorney, after receiving a notice requesting trial under ORS 135.”
State v. Hunter, 850 P.2d 366 (Or. 1993). · cites it 18× “” ORS 135.763 provides: “(1) The district attorney, after receiving a notice requesting trial under ORS 135.”
State v. Person, 831 P.2d 700 (Or. Ct. App. 1992). · cites it 21× “760 and ORS 135.763. Five days before the 90-day time limit of ORS 135.”
State v. Pinnell, 877 P.2d 635 (Or. 1994). · cites it 12× “765(1) provides: "On motion of the defendant or the counsel of the defendant, or on its own motion, the court shall dismiss any criminal proceeding not brought to trial in accordance with ORS 135.763." [2] Defendant argues that "[t]he resentencing proceeding[, that is, the…”
State v. Waechter, 986 P.2d 1281 (Or. Ct. App. 1999). · cites it 18× “Counsel immediately moved to dismiss the charge, pursuant to ORS 135.763 and ORS 135.765, [2] and a hearing on that motion was held on November 14.”
State v. Ashcroft, 316 P.3d 355 (Or. Ct. App. 2013). · cites it 49× “ORS 135.763 provides: “(1) The district attorney, after receiving a notice requesting trial under ORS 135.”
State v. Tatarinov, 155 P.3d 67 (Or. Ct. App. 2007). · cites it 10× “On April 22, the state moved to continue defendant’s case pursuant to ORS 135.763. The trial court denied that motion.”
State v. Gilliland, 752 P.2d 1255 (Or. Ct. App. 1988). · cites it 8× “3 ORS 135.763 provides, in pertinent part: “(1) The district attorney, after receiving a notice requesting trial under ORS 135.”
State v. Wideman, 124 P.3d 1271 (Or. Ct. App. 2005). · cites it 5× “1 ORS 135.763 requires a defendant who makes such a request to be brought to trial within 90 days of receipt of such notice, with certain exceptions.”
State v. Becker, 37 P.3d 252 (Or. Ct. App. 2002). · cites it 6× “760 1 and ORS 135.763 2 by not bringing him to trial within 90 days after the district attorney received his request for a speedy trial.”
State v. Neal, 320 P.3d 664 (Or. Ct. App. 2014). · cites it 8× “760, ORS 135.763, and ORS 135.765. ORS 135.760 provides: “(1) Any inmate in the custody of the Department of Corrections or of the supervisory authority of a county pursuant to a commitment under ORS 137.”
State v. Clarkson, 742 P.2d 657 (Or. Ct. App. 1987). · cites it 6× “” 3 Failure to comply with ORS 135.763 requires dismissal of the pending criminal charge.”
Show all 35 citing cases →
— Or. Rev. Stat. § 135.763(1) — 13 cases
State v. Person, 853 P.2d 813 (Or. 1993). “The court's decision turned on the interpretation of ORS 135.763, which states: "(1) The district attorney, after receiving a notice requesting trial under ORS 135.”
State v. Pinnell, 877 P.2d 635 (Or. 1994). “765(1) provides: "On motion of the defendant or the counsel of the defendant, or on its own motion, the court shall dismiss any criminal proceeding not brought to trial in accordance with ORS 135.763." [2] Defendant argues that "[t]he resentencing proceeding[, that is, the…”
State v. Person, 831 P.2d 700 (Or. Ct. App. 1992). “760 and ORS 135.763. Five days before the 90-day time limit of ORS 135.”
State v. Gilliland, 752 P.2d 1255 (Or. Ct. App. 1988). “3 ORS 135.763 provides, in pertinent part: “(1) The district attorney, after receiving a notice requesting trial under ORS 135.”
State v. Hunter, 850 P.2d 366 (Or. 1993). “” ORS 135.763 provides: “(1) The district attorney, after receiving a notice requesting trial under ORS 135.”
— Or. Rev. Stat. § 135.763(2) — 14 cases
State v. Person, 853 P.2d 813 (Or. 1993). “The court's decision turned on the interpretation of ORS 135.763, which states: "(1) The district attorney, after receiving a notice requesting trial under ORS 135.”
State v. Hunter, 850 P.2d 366 (Or. 1993). “” ORS 135.763 provides: “(1) The district attorney, after receiving a notice requesting trial under ORS 135.”
State v. Person, 831 P.2d 700 (Or. Ct. App. 1992). “760 and ORS 135.763. Five days before the 90-day time limit of ORS 135.”
State v. Ashcroft, 316 P.3d 355 (Or. Ct. App. 2013). “ORS 135.763 provides: “(1) The district attorney, after receiving a notice requesting trial under ORS 135.”
State v. Tatarinov, 155 P.3d 67 (Or. Ct. App. 2007). “On April 22, the state moved to continue defendant’s case pursuant to ORS 135.763. The trial court denied that motion.”
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