156.240 Judgmententry or certified copy as evidence
156.270 Dischargeof defendant upon finding the defendant not guilty
156.280 Entrythat prosecution was malicious or without probable cause
156.290 Judgmentagainst complainant for costs and disbursements
156.300 Enforcementof judgment against complainant
156.310 Paymentof fine and costs by defendant
156.315 Assignmentof judgment to Department of Revenue
RELEASEOR COMMITMENT
156.410 Releaseof defendant before trial
156.440 Commitmentof defendant
156.450 Formof commitment
156.460 Howcommitment is executed
MISCELLANEOUSPROVISIONS RELATING TO JUSTICE COURTS
156.510 Proceedingwhen crime is not within jurisdiction of justice court
156.520 Functionof district attorney in justice court
156.530 Dispositionof money paid on judgment
CONCURRENTJURISDICTION
156.705 Jurisdictionover offenses against animals
JUSTICECOURTS; GENERAL PROVISIONS AND PROCEEDINGS PRIOR TO JUDGMENT THEREIN
156.010Criminal procedure statutes govern generally. A criminalaction in a justice court is commenced and proceeded in to final determination,and the judgment therein enforced, in the manner provided in the criminalprocedure statutes, except as otherwise specifically provided by statute. [Amendedby 1973 c.836 §329]
156.020Filing complaint as commencement of action. In a justice court, a criminalaction is commenced by the filing of the complaint therein, verified by theoath of the person commencing the action, who is thereafter known as thecomplainant. [Amended by 1959 c.426 §4]
156.030Form and sufficiency of complaint. The form of the complaint and thesufficiency thereof shall be as provided in ORS 133.007 and 133.015. [Amendedby 1973 c.836 §330]
156.040Security for costs.Before filing or receiving the complaint in a criminal action, the justice mayrequire the complainant to give security for costs and disbursements in theamount authorized in civil actions; and not otherwise. [Amended by 1959 c.426 §5]
156.050Warrant of arrest; authority. The authority of a justice of the peaceto issue a warrant of arrest shall be as provided in ORS 133.110. [Amended by1969 c.244 §4; 1983 c.661 §13; 1999 c.1051 §131]
156.060Issuance, requisites and execution of warrant of arrest. A warrant ofarrest in a criminal action in a justice court is issued, directed and executedin all respects as the warrant mentioned in ORS 133.140. [Amended by 1977 c.746§12]
156.070Reading complaint to defendant; defendant to plead. When thedefendant is brought before the justice, the complaint shall be read to thedefendant and the defendant shall plead thereto.
156.080Defendant’s plea; refusal to plead. The defendant may plead the same pleasas upon an indictment. The plea shall be oral and entered in the docket. If thedefendant refuses to plead, the justice shall enter the fact, together with theplea of not guilty, on behalf of the defendant.
156.090Action to be tried within one day unless continued. When thedefendant is brought before the justice upon the warrant of arrest, the actionshall be tried within one day thereafter, unless continued for cause.
156.100Change of place of trial. Change of place of trial in criminal actions injustice courts is in all manners and respects governed as provided in ORS131.305 to 131.415. [Amended by 1973 c.836 §331]
156.110Trial by court or jury. Upon a plea of not guilty, if the defendant doesnot then demand a trial by jury, the justice shall proceed to try the issue. [Amendedby 1973 c.836 §332]
156.120Injured person must appear or be subpoenaed. No judgment of conviction oracquittal can be given in a criminal action in a justice court unless theperson injured appears or is subpoenaed to attend the trial as a witness.
156.130Demand for and selection of jury. If a trial by jury is demanded, a juryshall be selected and summoned as in a civil action in a justice court. Eachparty may take challenges for cause and two peremptory challenges, except thatwhen the jury is selected in the manner provided in ORS 54.060 to 54.160, as toany juror so selected, neither party may take a peremptory challenge.
156.140Rendition and entry of verdict on docket. When the jury has agreed upon averdict, it shall deliver the same to the justice publicly, who shall enter itin the docket of the justice.
156.150 [Repealed by1979 c.447 §4]
156.160Jury trial without prepayment of trial fee; payment after judgment. In a criminalaction in a justice court, prepayment of the trial fee is not a prerequisite tohaving a jury trial. If a jury trial is demanded and judgment is against thedefendant, the fee shall be allowed and taxed in favor of the state as otherdisbursements in ordinary cases.
JUDGMENTAND EXECUTION IN JUSTICE COURTS
156.210Judgment on plea of guilty, no contest or on conviction. When thedefendant pleads guilty, no contest, or is convicted, either by the justice orthe jury, the justice shall give judgment thereon for such punishment as may beprescribed by law for the crime. [Amended by 1973 c.836 §333]
156.220Judgment imposing monetary obligation; requirements. Except asprovided in ORS 18.048 (3) and (4), any judgment rendered by a justice court onan offense that imposes a monetary obligation must contain the separate sectionrequired by ORS 18.048 (1). [1973 c.836 §334; 1999 c.788 §39; 2003 c.576 §97;2005 c.568 §29a]
156.230Money judgments; enforcement. Money judgments rendered by the courtmay be enforced in the manner provided by ORS 52.600. [Amended by 1993 c.223 §5;1999 c.788 §40]
156.240Judgment entry or certified copy as evidence. An entry of judgment or acertified copy of the judgment is conclusive evidence of the facts statedtherein. [Amended by 1999 c.788 §41]
156.250 [1991 c.67 §32;repealed by 1999 c.788 §42]
156.260 [Repealed by1999 c.788 §42]
156.270Discharge of defendant upon finding the defendant not guilty. When thedefendant is found not guilty by the justice or a jury, the defendant shall beimmediately discharged.
156.280Entry that prosecution was malicious or without probable cause. When thedefendant is found not guilty, if it appears that the prosecution was maliciousor without probable cause, the justice shall make an entry to that effect inthe docket of the justice.
156.290Judgment against complainant for costs and disbursements. Upon making theentry prescribed in ORS 156.280, the justice shall give judgment against thecomplainant for the costs and disbursements of the action and require thecomplainant to pay the same or give satisfactory security therefor, by awritten undertaking with one or more sureties, to pay the same to the justicewithin 30 days from the date of the judgment. [Amended by 1959 c.426 §6]
156.300Enforcement of judgment against complainant. If the complainant does not paythe judgment, or give the required security therefor, it may be enforcedagainst the complainant in all respects as a judgment for a fine in a criminalaction; but if the complainant gives the required security, the judgment may beenforced at the expiration of the 30 days against the complainant and thesureties of the complainant in the undertaking in all respects as a judgmentfor money in a civil action. [Amended by 1959 c.426 §7]
156.310Payment of fine and costs by defendant. If the fine and costs, or any partthereof, are paid before commitment, they shall be paid to the justice.Thereafter they shall be paid to the officer in whose custody the defendant isat the time of the payment, which officer shall immediately pay the same to thejustice.
156.315Assignment of judgment to Department of Revenue. (1) A justicecourt may assign a judgment in a criminal action, as described in ORS 137.118(1) to (5), to the Collections Unit in the Department of Revenue for thefollowing purposes:
(a)To determine whether refunds or other sums are owed to the debtor by thedepartment; and
(b)To deduct the amount of the debt from any refunds or other sums owed to thedebtor by the department.
(2)If the Collections Unit determines that refunds or other sums are owed to thedebtor, the department shall deduct the amount of the debt from any refunds orother sums owed to the debtor by the department. After also deducting costs ofits actions under this section, the department shall remit the amount deductedfrom refunds or other sums owed to the debtor to the justice court thatassigned the judgment.
(3)A debtor whose account is assigned to the Department of Revenue for setoffunder this section is entitled to the notice required by ORS 293.250 (3)(d) andto the opportunity for payment in ORS 293.250 (3)(c). [2003 c.375 §2]
156.320 [1971 c.423 §3;repealed by 1973 c.836 §358]
RELEASEOR COMMITMENT
156.410Release of defendant before trial. At any time before the commencement ofthe trial, the justice shall release the defendant under the procedures setforth in ORS 135.230 to 135.290. [Amended by 1973 c.836 §335]
156.420 [Repealed by1973 c.836 §358]
156.430 [Repealed by1973 c.836 §358]
156.440Commitment of defendant. If the defendant is not released from custody asprovided in ORS 135.230 to 135.290 when brought before the justice upon thewarrant of arrest, the defendant shall be continued in the custody of theofficer or, if the court is held in the vicinity of the county jail, committedto jail, to answer the action, as the justice may direct. [Amended by 1973c.836 §336]
156.450Form of commitment.The commitment shall be signed by the justice with the name of office of thejustice and may be substantially as follows:
Anorder having this day been made by me that A. B. be committed for trial in acriminal action against A. B. for the crime of (designating it generally), youhereby are commanded to receive A. B. into your custody and detain A. B.accordingly or until A. B. is otherwise legally discharged.
156.460How commitment is executed. When committed, the defendant shall be delivered tothe custody of the proper officer by any peace officer to whom the justice maydeliver the commitment, first indorsing thereon, substantially, as follows: “Ihereby authorize and command E. F. to deliver this commitment, together with thedefendant therein named, to the custody of the sheriff of the County of______.”
MISCELLANEOUSPROVISIONS RELATING TO JUSTICE COURTS
156.510Proceeding when crime is not withinjurisdiction of justice court.If in the course of the trial it appears to the justice that the defendant hascommitted a crime not within the jurisdiction of a justice court, the justiceshall dismiss the action, state in the entry the reasons therefor, hold thedefendant upon the warrant of arrest and proceed to examine the charge as uponan information of the commission of crime.
156.520Function of district attorney in justice court. The districtattorney may prosecute an action and if requested by the court shall prosecutean action in a justice court and attend an examination before a magistrate,either in person or by someone appointed by the district attorney for thatpurpose, and in any case the district attorney shall control the proceedings onbehalf of the state. [Amended by 1981 c.863 §1]
156.240 Judgmententry or certified copy as evidence
156.270 Dischargeof defendant upon finding the defendant not guilty
156.280 Entrythat prosecution was malicious or without probable cause
156.290 Judgmentagainst complainant for costs and disbursements
156.300 Enforcementof judgment against complainant
156.310 Paymentof fine and costs by defendant
156.315 Assignmentof judgment to Department of Revenue
RELEASEOR COMMITMENT
156.410 Releaseof defendant before trial
156.440 Commitmentof defendant
156.450 Formof commitment
156.460 Howcommitment is executed
MISCELLANEOUSPROVISIONS RELATING TO JUSTICE COURTS
156.510 Proceedingwhen crime is not within jurisdiction of justice court
156.520 Functionof district attorney in justice court
156.530 Dispositionof money paid on judgment
CONCURRENTJURISDICTION
156.705 Jurisdictionover offenses against animals
JUSTICECOURTS; GENERAL PROVISIONS AND PROCEEDINGS PRIOR TO JUDGMENT THEREIN
156.010Criminal procedure statutes govern generally. A criminalaction in a justice court is commenced and proceeded in to final determination,and the judgment therein enforced, in the manner provided in the criminalprocedure statutes, except as otherwise specifically provided by statute. [Amendedby 1973 c.836 §329]
156.020Filing complaint as commencement of action. In a justice court, a criminalaction is commenced by the filing of the complaint therein, verified by theoath of the person commencing the action, who is thereafter known as thecomplainant. [Amended by 1959 c.426 §4]
156.030Form and sufficiency of complaint. The form of the complaint and thesufficiency thereof shall be as provided in ORS 133.007 and 133.015. [Amendedby 1973 c.836 §330]
156.040Security for costs.Before filing or receiving the complaint in a criminal action, the justice mayrequire the complainant to give security for costs and disbursements in theamount authorized in civil actions; and not otherwise. [Amended by 1959 c.426 §5]
156.050Warrant of arrest; authority. The authority of a justice of the peaceto issue a warrant of arrest shall be as provided in ORS 133.110. [Amended by1969 c.244 §4; 1983 c.661 §13; 1999 c.1051 §131]
156.060Issuance, requisites and execution of warrant of arrest. A warrant ofarrest in a criminal action in a justice court is issued, directed and executedin all respects as the warrant mentioned in ORS 133.140. [Amended by 1977 c.746§12]
156.070Reading complaint to defendant; defendant to plead. When thedefendant is brought before the justice, the complaint shall be read to thedefendant and the defendant shall plead thereto.
156.080Defendant’s plea; refusal to plead. The defendant may plead the same pleasas upon an indictment. The plea shall be oral and entered in the docket. If thedefendant refuses to plead, the justice shall enter the fact, together with theplea of not guilty, on behalf of the defendant.
156.090Action to be tried within one day unless continued. When thedefendant is brought before the justice upon the warrant of arrest, the actionshall be tried within one day thereafter, unless continued for cause.
156.100Change of place of trial. Change of place of trial in criminal actions injustice courts is in all manners and respects governed as provided in ORS131.305 to 131.415. [Amended by 1973 c.836 §331]
156.110Trial by court or jury. Upon a plea of not guilty, if the defendant doesnot then demand a trial by jury, the justice shall proceed to try the issue. [Amendedby 1973 c.836 §332]
156.120Injured person must appear or be subpoenaed. No judgment of conviction oracquittal can be given in a criminal action in a justice court unless theperson injured appears or is subpoenaed to attend the trial as a witness.
156.130Demand for and selection of jury. If a trial by jury is demanded, a juryshall be selected and summoned as in a civil action in a justice court. Eachparty may take challenges for cause and two peremptory challenges, except thatwhen the jury is selected in the manner provided in ORS 54.060 to 54.160, as toany juror so selected, neither party may take a peremptory challenge.
156.140Rendition and entry of verdict on docket. When the jury has agreed upon averdict, it shall deliver the same to the justice publicly, who shall enter itin the docket of the justice.
156.150 [Repealed by1979 c.447 §4]
156.160Jury trial without prepayment of trial fee; payment after judgment. In a criminalaction in a justice court, prepayment of the trial fee is not a prerequisite tohaving a jury trial. If a jury trial is demanded and judgment is against thedefendant, the fee shall be allowed and taxed in favor of the state as otherdisbursements in ordinary cases.
JUDGMENTAND EXECUTION IN JUSTICE COURTS
156.210Judgment on plea of guilty, no contest or on conviction. When thedefendant pleads guilty, no contest, or is convicted, either by the justice orthe jury, the justice shall give judgment thereon for such punishment as may beprescribed by law for the crime. [Amended by 1973 c.836 §333]
156.220Judgment imposing monetary obligation; requirements. Except asprovided in ORS 18.048 (3) and (4), any judgment rendered by a justice court onan offense that imposes a monetary obligation must contain the separate sectionrequired by ORS 18.048 (1). [1973 c.836 §334; 1999 c.788 §39; 2003 c.576 §97;2005 c.568 §29a]
156.230Money judgments; enforcement. Money judgments rendered by the courtmay be enforced in the manner provided by ORS 52.600. [Amended by 1993 c.223 §5;1999 c.788 §40]
156.240Judgment entry or certified copy as evidence. An entry of judgment or acertified copy of the judgment is conclusive evidence of the facts statedtherein. [Amended by 1999 c.788 §41]
156.250 [1991 c.67 §32;repealed by 1999 c.788 §42]
156.260 [Repealed by1999 c.788 §42]
156.270Discharge of defendant upon finding the defendant not guilty. When thedefendant is found not guilty by the justice or a jury, the defendant shall beimmediately discharged.
156.280Entry that prosecution was malicious or without probable cause. When thedefendant is found not guilty, if it appears that the prosecution was maliciousor without probable cause, the justice shall make an entry to that effect inthe docket of the justice.
156.290Judgment against complainant for costs and disbursements. Upon making theentry prescribed in ORS 156.280, the justice shall give judgment against thecomplainant for the costs and disbursements of the action and require thecomplainant to pay the same or give satisfactory security therefor, by awritten undertaking with one or more sureties, to pay the same to the justicewithin 30 days from the date of the judgment. [Amended by 1959 c.426 §6]
156.300Enforcement of judgment against complainant. If the complainant does not paythe judgment, or give the required security therefor, it may be enforcedagainst the complainant in all respects as a judgment for a fine in a criminalaction; but if the complainant gives the required security, the judgment may beenforced at the expiration of the 30 days against the complainant and thesureties of the complainant in the undertaking in all respects as a judgmentfor money in a civil action. [Amended by 1959 c.426 §7]
156.310Payment of fine and costs by defendant. If the fine and costs, or any partthereof, are paid before commitment, they shall be paid to the justice.Thereafter they shall be paid to the officer in whose custody the defendant isat the time of the payment, which officer shall immediately pay the same to thejustice.
156.315Assignment of judgment to Department of Revenue. (1) A justicecourt may assign a judgment in a criminal action, as described in ORS 137.118(1) to (5), to the Collections Unit in the Department of Revenue for thefollowing purposes:
(a)To determine whether refunds or other sums are owed to the debtor by thedepartment; and
(b)To deduct the amount of the debt from any refunds or other sums owed to thedebtor by the department.
(2)If the Collections Unit determines that refunds or other sums are owed to thedebtor, the department shall deduct the amount of the debt from any refunds orother sums owed to the debtor by the department. After also deducting costs ofits actions under this section, the department shall remit the amount deductedfrom refunds or other sums owed to the debtor to the justice court thatassigned the judgment.
(3)A debtor whose account is assigned to the Department of Revenue for setoffunder this section is entitled to the notice required by ORS 293.250 (3)(d) andto the opportunity for payment in ORS 293.250 (3)(c). [2003 c.375 §2]
156.320 [1971 c.423 §3;repealed by 1973 c.836 §358]
RELEASEOR COMMITMENT
156.410Release of defendant before trial. At any time before the commencement ofthe trial, the justice shall release the defendant under the procedures setforth in ORS 135.230 to 135.290. [Amended by 1973 c.836 §335]
156.420 [Repealed by1973 c.836 §358]
156.430 [Repealed by1973 c.836 §358]
156.440Commitment of defendant. If the defendant is not released from custody asprovided in ORS 135.230 to 135.290 when brought before the justice upon thewarrant of arrest, the defendant shall be continued in the custody of theofficer or, if the court is held in the vicinity of the county jail, committedto jail, to answer the action, as the justice may direct. [Amended by 1973c.836 §336]
156.450Form of commitment.The commitment shall be signed by the justice with the name of office of thejustice and may be substantially as follows:
Anorder having this day been made by me that A. B. be committed for trial in acriminal action against A. B. for the crime of (designating it generally), youhereby are commanded to receive A. B. into your custody and detain A. B.accordingly or until A. B. is otherwise legally discharged.
156.460How commitment is executed. When committed, the defendant shall be delivered tothe custody of the proper officer by any peace officer to whom the justice maydeliver the commitment, first indorsing thereon, substantially, as follows: “Ihereby authorize and command E. F. to deliver this commitment, together with thedefendant therein named, to the custody of the sheriff of the County of______.”
MISCELLANEOUSPROVISIONS RELATING TO JUSTICE COURTS
156.510Proceeding when crime is not withinjurisdiction of justice court.If in the course of the trial it appears to the justice that the defendant hascommitted a crime not within the jurisdiction of a justice court, the justiceshall dismiss the action, state in the entry the reasons therefor, hold thedefendant upon the warrant of arrest and proceed to examine the charge as uponan information of the commission of crime.
156.520Function of district attorney in justice court. The districtattorney may prosecute an action and if requested by the court shall prosecutean action in a justice court and attend an examination before a magistrate,either in person or by someone appointed by the district attorney for thatpurpose, and in any case the district attorney shall control the proceedings onbehalf of the state. [Amended by 1981 c.863 §1]
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156.240 Judgmententry or certified copy as evidence
156.270 Dischargeof defendant upon finding the defendant not guilty
156.280 Entrythat prosecution was malicious or without probable cause
156.290 Judgmentagainst complainant for costs and disbursements
156.300 Enforcementof judgment against complainant
156.310 Paymentof fine and costs by defendant
156.315 Assignmentof judgment to Department of Revenue
RELEASEOR COMMITMENT
156.410 Releaseof defendant before trial
156.440 Commitmentof defendant
156.450 Formof commitment
156.460 Howcommitment is executed
MISCELLANEOUSPROVISIONS RELATING TO JUSTICE COURTS
156.510 Proceedingwhen crime is not within jurisdiction of justice court
156.520 Functionof district attorney in justice court
156.530 Dispositionof money paid on judgment
CONCURRENTJURISDICTION
156.705 Jurisdictionover offenses against animals
JUSTICECOURTS; GENERAL PROVISIONS AND PROCEEDINGS PRIOR TO JUDGMENT THEREIN
156.010Criminal procedure statutes govern generally. A criminalaction in a justice court is commenced and proceeded in to final determination,and the judgment therein enforced, in the manner provided in the criminalprocedure statutes, except as otherwise specifically provided by statute. [Amendedby 1973 c.836 §329]
156.020Filing complaint as commencement of action. In a justice court, a criminalaction is commenced by the filing of the complaint therein, verified by theoath of the person commencing the action, who is thereafter known as thecomplainant. [Amended by 1959 c.426 §4]
156.030Form and sufficiency of complaint. The form of the complaint and thesufficiency thereof shall be as provided in ORS 133.007 and 133.015. [Amendedby 1973 c.836 §330]
156.040Security for costs.Before filing or receiving the complaint in a criminal action, the justice mayrequire the complainant to give security for costs and disbursements in theamount authorized in civil actions; and not otherwise. [Amended by 1959 c.426 §5]
156.050Warrant of arrest; authority. The authority of a justice of the peaceto issue a warrant of arrest shall be as provided in ORS 133.110. [Amended by1969 c.244 §4; 1983 c.661 §13; 1999 c.1051 §131]
156.060Issuance, requisites and execution of warrant of arrest. A warrant ofarrest in a criminal action in a justice court is issued, directed and executedin all respects as the warrant mentioned in ORS 133.140. [Amended by 1977 c.746§12]
156.070Reading complaint to defendant; defendant to plead. When thedefendant is brought before the justice, the complaint shall be read to thedefendant and the defendant shall plead thereto.
156.080Defendant’s plea; refusal to plead. The defendant may plead the same pleasas upon an indictment. The plea shall be oral and entered in the docket. If thedefendant refuses to plead, the justice shall enter the fact, together with theplea of not guilty, on behalf of the defendant.
156.090Action to be tried within one day unless continued. When thedefendant is brought before the justice upon the warrant of arrest, the actionshall be tried within one day thereafter, unless continued for cause.
156.100Change of place of trial. Change of place of trial in criminal actions injustice courts is in all manners and respects governed as provided in ORS131.305 to 131.415. [Amended by 1973 c.836 §331]
156.110Trial by court or jury. Upon a plea of not guilty, if the defendant doesnot then demand a trial by jury, the justice shall proceed to try the issue. [Amendedby 1973 c.836 §332]
156.120Injured person must appear or be subpoenaed. No judgment of conviction oracquittal can be given in a criminal action in a justice court unless theperson injured appears or is subpoenaed to attend the trial as a witness.
156.130Demand for and selection of jury. If a trial by jury is demanded, a juryshall be selected and summoned as in a civil action in a justice court. Eachparty may take challenges for cause and two peremptory challenges, except thatwhen the jury is selected in the manner provided in ORS 54.060 to 54.160, as toany juror so selected, neither party may take a peremptory challenge.
156.140Rendition and entry of verdict on docket. When the jury has agreed upon averdict, it shall deliver the same to the justice publicly, who shall enter itin the docket of the justice.
156.150 [Repealed by1979 c.447 §4]
156.160Jury trial without prepayment of trial fee; payment after judgment. In a criminalaction in a justice court, prepayment of the trial fee is not a prerequisite tohaving a jury trial. If a jury trial is demanded and judgment is against thedefendant, the fee shall be allowed and taxed in favor of the state as otherdisbursements in ordinary cases.
JUDGMENTAND EXECUTION IN JUSTICE COURTS
156.210Judgment on plea of guilty, no contest or on conviction. When thedefendant pleads guilty, no contest, or is convicted, either by the justice orthe jury, the justice shall give judgment thereon for such punishment as may beprescribed by law for the crime. [Amended by 1973 c.836 §333]
156.220Judgment imposing monetary obligation; requirements. Except asprovided in ORS 18.048 (3) and (4), any judgment rendered by a justice court onan offense that imposes a monetary obligation must contain the separate sectionrequired by ORS 18.048 (1). [1973 c.836 §334; 1999 c.788 §39; 2003 c.576 §97;2005 c.568 §29a]
156.230Money judgments; enforcement. Money judgments rendered by the courtmay be enforced in the manner provided by ORS 52.600. [Amended by 1993 c.223 §5;1999 c.788 §40]
156.240Judgment entry or certified copy as evidence. An entry of judgment or acertified copy of the judgment is conclusive evidence of the facts statedtherein. [Amended by 1999 c.788 §41]
156.250 [1991 c.67 §32;repealed by 1999 c.788 §42]
156.260 [Repealed by1999 c.788 §42]
156.270Discharge of defendant upon finding the defendant not guilty. When thedefendant is found not guilty by the justice or a jury, the defendant shall beimmediately discharged.
156.280Entry that prosecution was malicious or without probable cause. When thedefendant is found not guilty, if it appears that the prosecution was maliciousor without probable cause, the justice shall make an entry to that effect inthe docket of the justice.
156.290Judgment against complainant for costs and disbursements. Upon making theentry prescribed in ORS 156.280, the justice shall give judgment against thecomplainant for the costs and disbursements of the action and require thecomplainant to pay the same or give satisfactory security therefor, by awritten undertaking with one or more sureties, to pay the same to the justicewithin 30 days from the date of the judgment. [Amended by 1959 c.426 §6]
156.300Enforcement of judgment against complainant. If the complainant does not paythe judgment, or give the required security therefor, it may be enforcedagainst the complainant in all respects as a judgment for a fine in a criminalaction; but if the complainant gives the required security, the judgment may beenforced at the expiration of the 30 days against the complainant and thesureties of the complainant in the undertaking in all respects as a judgmentfor money in a civil action. [Amended by 1959 c.426 §7]
156.310Payment of fine and costs by defendant. If the fine and costs, or any partthereof, are paid before commitment, they shall be paid to the justice.Thereafter they shall be paid to the officer in whose custody the defendant isat the time of the payment, which officer shall immediately pay the same to thejustice.
156.315Assignment of judgment to Department of Revenue. (1) A justicecourt may assign a judgment in a criminal action, as described in ORS 137.118(1) to (5), to the Collections Unit in the Department of Revenue for thefollowing purposes:
(a)To determine whether refunds or other sums are owed to the debtor by thedepartment; and
(b)To deduct the amount of the debt from any refunds or other sums owed to thedebtor by the department.
(2)If the Collections Unit determines that refunds or other sums are owed to thedebtor, the department shall deduct the amount of the debt from any refunds orother sums owed to the debtor by the department. After also deducting costs ofits actions under this section, the department shall remit the amount deductedfrom refunds or other sums owed to the debtor to the justice court thatassigned the judgment.
(3)A debtor whose account is assigned to the Department of Revenue for setoffunder this section is entitled to the notice required by ORS 293.250 (3)(d) andto the opportunity for payment in ORS 293.250 (3)(c). [2003 c.375 §2]
156.320 [1971 c.423 §3;repealed by 1973 c.836 §358]
RELEASEOR COMMITMENT
156.410Release of defendant before trial. At any time before the commencement ofthe trial, the justice shall release the defendant under the procedures setforth in ORS 135.230 to 135.290. [Amended by 1973 c.836 §335]
156.420 [Repealed by1973 c.836 §358]
156.430 [Repealed by1973 c.836 §358]
156.440Commitment of defendant. If the defendant is not released from custody asprovided in ORS 135.230 to 135.290 when brought before the justice upon thewarrant of arrest, the defendant shall be continued in the custody of theofficer or, if the court is held in the vicinity of the county jail, committedto jail, to answer the action, as the justice may direct. [Amended by 1973c.836 §336]
156.450Form of commitment.The commitment shall be signed by the justice with the name of office of thejustice and may be substantially as follows:
Anorder having this day been made by me that A. B. be committed for trial in acriminal action against A. B. for the crime of (designating it generally), youhereby are commanded to receive A. B. into your custody and detain A. B.accordingly or until A. B. is otherwise legally discharged.
156.460How commitment is executed. When committed, the defendant shall be delivered tothe custody of the proper officer by any peace officer to whom the justice maydeliver the commitment, first indorsing thereon, substantially, as follows: “Ihereby authorize and command E. F. to deliver this commitment, together with thedefendant therein named, to the custody of the sheriff of the County of______.”
MISCELLANEOUSPROVISIONS RELATING TO JUSTICE COURTS
156.510Proceeding when crime is not withinjurisdiction of justice court.If in the course of the trial it appears to the justice that the defendant hascommitted a crime not within the jurisdiction of a justice court, the justiceshall dismiss the action, state in the entry the reasons therefor, hold thedefendant upon the warrant of arrest and proceed to examine the charge as uponan information of the commission of crime.
156.520Function of district attorney in justice court. The districtattorney may prosecute an action and if requested by the court shall prosecutean action in a justice court and attend an examination before a magistrate,either in person or by someone appointed by the district attorney for thatpurpose, and in any case the district attorney shall control the proceedings onbehalf of the state. [Amended by 1981 c.863 §1]
