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Oregon Revised Statutes

Or. Rev. Stat. § 135.835 (2026)

Disclosure to the state

✓ current as of May 2026
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      135.835 Disclosure to the state. Except as otherwise provided in ORS 135.855 and 135.873, the defense shall disclose to the district attorney the following material and information within the possession or control of the defense:

      (1) The names and addresses of persons, including the defendant, whom the defense intends to call as witnesses at the trial, together with relevant written or recorded statements or memoranda of any oral statements of such persons other than the defendant.

      (2) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments or comparisons, that the defense intends to offer in evidence at the trial.

      (3) Any books, papers, documents, photographs or tangible objects that the defense intends to offer in evidence at the trial. [1973 c.836 §216; 1999 c.304 §3]

 

      135.840 [Amended by 1973 c.836 §162; renumbered 135.360]

Notes of Decisions
Cited in 43 cases (6 in the last 5 years), 1975–2026 · leading case: State v. Wolfe, 542 P.2d 482 (Or. 1975).
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State v. Wolfe, 542 P.2d 482 (Or. 1975). · cites it 17× “In appealing to the Court of Appeals he contended that the trial court erred in sustaining the state's objections to the testimony of two defense witnesses on the ground that the defendant had failed to comply with the requirements of ORS 135.835 by previously disclosing to the…”
State v. Mai, 656 P.2d 315 (Or. 1982). · cites it 6× “845, exacted a quid pro quo — discovery from the defendant under ORS 135.835 — in default of which the trial judge could impose the sanction and "refuse to permit the witness to testify.”
State v. Cunningham, 105 P.3d 929 (Or. Ct. App. 2005). · cites it 12× “” Given that conclusion, the court determined that ORS 135.835 3 required disclosure of such a statement to the state.”
State v. Hancock, 854 P.2d 926 (Or. 1993). · cites it 6× “This is no more burdensome than the requirement that a defendant, before trial, disclose to the state the names and address of witnesses, ORS 135.835(1); the reports of experts, ORS 135.”
State v. Koennecke, 545 P.2d 127 (Or. 1976). · cites it 4× “Under ORS 135.835 there were other options available to the trial judge, from which the state would have had no right of appeal, when he was confronted with the refusal of the officers to produce their revolvers for inspection and testing for a period of 30 days, as previously…”
State v. Birchfield, 157 P.3d 216 (Or. 2007). · cites it 2× “In all those instances, however, a defendant simply must provide the state with information that the defendant has, that the defendant controls, and that the defendant will present on the defendant’s behalf in the defendant’s case. None of that evidence implicates a defendant’s…”
State v. Divito, 955 P.2d 327 (Or. Ct. App. 1998). · cites it 10× “ORS 135.835 provides, in part, that "the defendant shall disclose to the district attorney the following material and information within the possession or control of the defendant: "(1) The names and addresses of persons including the defendant, whom the *331 defendant intends…”
State v. Wyatt, 15 P.3d 22 (Or. 2000). “1 ORS 135.835 provides, in part: “Except as otherwise provided in ORS 135.”
State v. Johnson, 554 P.2d 624 (Or. Ct. App. 1976). · cites it 4× “2d 555 (1975), this court held that the choice of sanctions to be applied following a violation of ORS 135.835 [1] is a matter of *627 discretion left to the trial judge.”
Wyatt v. Czerniak, 195 P.3d 912 (Or. Ct. App. 2008). · cites it 3× “We recount in detail below the circumstances of those convictions, as pertinent to petitioner’s claims of post-conviction relief.”
State v. Ben, 798 P.2d 650 (Or. 1990). · cites it 3× “Although ORS 135.835 imposes the responsibility for disclosing on a “defendant,” we think it is clear that the reciprocal discovery statutes apply equally to a defendant and his attorney.”
State v. Hartfield, 624 P.2d 588 (Or. 1981). · cites it 2× “Things to be disclosed by the defense to the prosecution are listed in ORS 135.835. Both statutes purport to define completely the disclosure obligations of the parties regardless of the time of performance.”
Show all 43 citing cases →
— Or. Rev. Stat. § 135.835(1) — 15 cases
State v. Wolfe, 542 P.2d 482 (Or. 1975). “In appealing to the Court of Appeals he contended that the trial court erred in sustaining the state's objections to the testimony of two defense witnesses on the ground that the defendant had failed to comply with the requirements of ORS 135.835 by previously disclosing to the…”
State v. Hancock, 854 P.2d 926 (Or. 1993). “This is no more burdensome than the requirement that a defendant, before trial, disclose to the state the names and address of witnesses, ORS 135.835(1); the reports of experts, ORS 135.”
State v. Ben, 798 P.2d 650 (Or. 1990). “Although ORS 135.835 imposes the responsibility for disclosing on a “defendant,” we think it is clear that the reciprocal discovery statutes apply equally to a defendant and his attorney.”
State v. Pilon, 516 P.3d 1181 (Or. Ct. App. 2022).
State v. Divito, 955 P.2d 327 (Or. Ct. App. 1998). “ORS 135.835 provides, in part, that "the defendant shall disclose to the district attorney the following material and information within the possession or control of the defendant: "(1) The names and addresses of persons including the defendant, whom the *331 defendant intends…”
— Or. Rev. Stat. § 135.835(2) — 6 cases
State v. Hancock, 854 P.2d 926 (Or. 1993). “This is no more burdensome than the requirement that a defendant, before trial, disclose to the state the names and address of witnesses, ORS 135.835(1); the reports of experts, ORS 135.”
State v. Cunningham, 105 P.3d 929 (Or. Ct. App. 2005). “” Given that conclusion, the court determined that ORS 135.835 3 required disclosure of such a statement to the state.”
State v. Divito, 955 P.2d 327 (Or. Ct. App. 1998). “ORS 135.835 provides, in part, that "the defendant shall disclose to the district attorney the following material and information within the possession or control of the defendant: "(1) The names and addresses of persons including the defendant, whom the *331 defendant intends…”
State v. Hites-Clabaugh, 283 P.3d 402 (Or. Ct. App. 2012).
State v. Riddle, 964 P.2d 1056 (Or. Ct. App. 1998).
— Or. Rev. Stat. § 135.835(3) — 3 cases
State v. Hancock, 854 P.2d 926 (Or. 1993). “This is no more burdensome than the requirement that a defendant, before trial, disclose to the state the names and address of witnesses, ORS 135.835(1); the reports of experts, ORS 135.”
State v. Young, 767 P.2d 90 (Or. Ct. App. 1989).
State v. B. J. P., 339 Or. App. 134 (Or. Ct. App. 2025).
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