TABLE OF CONTENTS

1. Caption
2. Introduction
3. Statement of Facts
4. Grounds for Dismissal
5. Legal Argument
6. Prayer for Relief
7. Certificate of Service

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [________________________________]

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], of [LAW FIRM NAME], hereby moves this Court for an order dismissing the ☐ Indictment / ☐ Information / ☐ Complaint filed in the above-captioned matter pursuant to ORS 135.510, ORS 135.755, and/or applicable constitutional provisions. This motion is made on the grounds set forth below.

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged by way of ☐ Indictment / ☐ Information / ☐ Complaint with the following offense(s):

[________________________________]

III. GROUNDS FOR DISMISSAL

☐ A. Insufficient Evidence / Lack of Probable Cause

☐ B. Speedy Trial Violation (ORS 135.746-135.752)
- ☐ Misdemeanor: trial not commenced within 2 years of filing of charging instrument (ORS 135.746(1)(a))
- ☐ Felony: trial not commenced within 3 years of filing of charging instrument (ORS 135.746(1)(b))

☐ C. Statute of Limitations (ORS 131.125)
The prosecution was commenced beyond the applicable statute of limitations.

☐ D. Double Jeopardy (U.S. Const. Amend. V; Or. Const. Art. I, § 12)

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Or. Const. Art. I, § 10)

☐ F. Defective Indictment (ORS 135.510)
The Indictment should be set aside because: [________________________________].

☐ G. Prosecutorial Misconduct

☐ H. Dismissal in Furtherance of Justice (ORS 135.755)

IV. LEGAL ARGUMENT

A. Speedy Trial

Under ORS 135.746, misdemeanor trials must commence within 2 years and felony trials within 3 years of filing of the charging instrument. If trial is not commenced within the time required, ORS 135.752 directs the court to dismiss without prejudice unless substantial and compelling reasons exist to allow the proceeding to continue. State v. Harberts, 331 Or 72 (2000).

[________________________________]

B. Statute of Limitations

Under ORS 131.125, the limitations periods vary: no limit for murder or aggravated murder; 6 years for most felonies; 3 years for Class C felonies and misdemeanors; 6 months for most violations. State v. Barnes, 66 Or App 896 (1984).

[________________________________]

C. Defective Indictment

Under ORS 135.510, an indictment may be set aside upon motion if it was not found, endorsed, or filed as prescribed by law; or if the defendant has been previously acquitted or convicted of the same offense. State v. Wimber, 315 Or 103 (1992).

[________________________________]

D. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss all charges against Defendant with prejudice;
2. Alternatively, dismiss without prejudice pursuant to ORS 135.752 or ORS 135.755;
3. Order such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], OSB No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Oregon [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing DEFENDANT'S MOTION TO DISMISS on the following parties by the method indicated:

☐ Personal delivery
☐ U.S. Mail, first class, postage prepaid
☐ Electronic service via [________________________________]

Office of the District Attorney
[________________________________] County
[ADDRESS]
[CITY], Oregon [ZIP CODE]

Dated: [__/__/____]

________________________________________
[NAME OF DECLARANT]

OREGON-SPECIFIC NOTES

• ORS 135.510: Grounds for setting aside an indictment include improper grand jury proceedings, prior acquittal/conviction, and failure to comply with statutory requirements.
• ORS 135.520: A motion to set aside the indictment must be made at arraignment or within 10 days thereafter, unless good cause allows additional time.
• ORS 135.746: Speedy trial limits: 2 years for misdemeanors, 3 years for felonies from filing of charging instrument.
• ORS 135.752: If trial is not timely commenced, the court shall dismiss without prejudice unless substantial and compelling reasons exist to continue.
• ORS 135.755: The court may dismiss in furtherance of justice on its own motion or on application of the DA.
• UTCR 4.010: Pretrial motions must be filed not less than 21 days before trial or within 7 days after arraignment, whichever is later.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Oregon attorney before use.