Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 136.500

Motion in arrest of judgment; basis and time for making

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      136.500 Motion in arrest of judgment; basis and time for making. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty. It may be founded on either or both of the grounds specified in ORS 135.630 (1) and (4), and not otherwise. The motion must be made within the time allowed to file a motion for a new trial, and both such motions may be made and heard as the court directs. [Formerly 136.810]

Notes of Decisions
Cited in 35 cases (2 in the last 5 years), 1976–2022 · leading case: State v. Starr
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State v. Starr (2007) orctapp · cites it 5× “ORS 136.500 provides that a motion in arrest of judgment “must be made within the time allowed to file a motion for a new trial.”
State v. Barone (1999) or “See ORS 136.500, 135.630 (setting out grounds for motion for arrest of judgment); ORCP 64 B, C (setting out grounds for motion for new trial).”
State v. Metcalfe (1999) or · cites it 4× “Even assuming that the words “theretofore” and the phrase “would not” in the statute might support such an interpretation, consideration of the statutory context reveals that defendant’s argument is implausible. We turn to that context.”
State Ex Rel. Penn v. Norblad (1996) or · cites it 2× “ORS 136.500 provides for motions in arrest of judgment, which “may be founded on either or both of the grounds specified in ORS 135.”
State v. Worthington (2012) orctapp · cites it 2× “It may be founded on either or both of the grounds specified in ORS 135.”
State v. Parker (1993) orctapp · cites it 2× “ORS 136.500 reads, in part: “A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty.”
State Ex Rel. Haas v. Schwabe (1976) or · cites it 2× “535 provides that the same grounds for a new trial in civil cases will apply to criminal cases. However, a motion in arrest of judgment is restricted to challenging the jurisdiction of the grand jury or to alleging that the facts in the indictment do not state an offense.”
State v. Shevyakov (2021) orctapp “ORS 136.500; ORS 135.630(1), (4). Here, the face of the information states an offense; defendant’s claim that he is entitled to immu- nity from the offenses charged does not mean that the facts alleged fail to establish a crime.”
State v. McKenzie (1989) or “ORS 136.500 provides: “A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty.”
State v. Maxwell (2000) orctapp “In essence, defendant argues that, as applied, the amended order is unconstitutionally vague in restraining him from coming within the “visual or physical presence” of Lydia.”
State v. Burnett (2002) orctapp “2 A motion for arrest of judgment is authorized by ORS 136.500, which provides: “A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty.”
State v. McLaughlin (2011) orctapp “ORS 136.500. Defendant’s motion was based on the latter ground.”
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