As amended through June 11, 2024
Rule 4.051 - MOTIONS AND DEMURRERS IN CRIMINAL CASES(1) All motions in criminal cases except motions listed in ORS 135.037 (a)-(d), shall be accompanied by a proposed order and shall state the position of the opposing party.(2) All criminal motions, demurrers, other than challenges to an indictment, and matters subject to ORS 135.805 to 135.873 will be considered on the third succeeding Wednesday after the same shall have been filed, unless otherwise ordered by the court. (a) In cases where oral argument has been requested, argument shall be at 8:30 a.m. before the judge assigned to hear criminal motions.(b) Criminal motions shall be limited to the substance and remedy requested in the filed motion. To the extent other issues or remedies are to be considered by the court, the parties shall amend the pleadings accordingly prior to the hearing.(3) Motions for pretrial release/modification of release conditions shall be heard each week on Tuesdays and Fridays at 9:00 a.m.(a) Motions filed on Monday or Tuesday shall be set for hearing the following Friday. Motions filed on Wednesday or Thursday shall be set for hearing the following Tuesday. Motions filed on Friday shall be set for hearing the following Friday.(b) Sections 4.051(1), (2)(b), and (6) apply to all motions filed under this section.(4) Any pretrial motion or demurrer in a case assigned to a judge shall be decided by the judge to whom the case has been assigned at a date and time to be determined by the assigned judge unless the presiding judge designates some other judge to decide it.(5) Opposing counsel may, on or before Monday of the week preceding the time for consideration, file a memorandum of authorities. The moving party may file a reply memorandum not later than Friday of the week before the motion or demurrer is to be considered.(6) A party moving to postpone or accelerate the consideration of criminal motions, including requests for expedited hearing, shall ascertain the position of all other parties regarding the postponement or acceleration and shall include a statement of those positions in its motion. The statement shall also indicate whether the other parties wish to respond to the motion to postpone or accelerate. In the absence of such statement, the motion to postpone or accelerate will be denied and the matter considered in the normal course.(7) Upon electronic filing of a motion, affidavit, and proposed order to disqualify a judge, the moving party must immediately notify the presiding judge's chambers of the filing.Amended effective 2/1/2024.