US Lawyer Database

Section 153.102 – Entry; default cases.

(1) If the defendant in a violation proceeding does not make a first appearance in the manner required by ORS 153.061 within the time allowed, and a trial is not otherwise required by the court or by law, the court may enter a default judgment based on the complaint and any other evidence the judge […]

Section 153.048 – Complaint; requirements.

(1) The complaint in a violation citation must contain at least the following: (a) The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant. (b) A statement or designation of the violation that can […]

Section 153.051 – Summons; requirements.

A summons in a violation citation is sufficient if it contains the following: (1) The name of the court, the name of the person cited, the date on which the citation was issued, the name of the enforcement officer issuing the citation, and the time and place at which the person cited is to appear […]

Section 153.054 – Service and filing.

Except as provided in ORS 267.153, 810.439, 811.590, 811.615 or 811.617 or other law, an enforcement officer issuing a violation citation shall cause the summons to be delivered to the person cited and shall cause the complaint and abstract of court record to be delivered to the court. [1999 c.1051 §16; 2017 c.427 §4]

Section 153.058 – Initiation of violation proceeding by private party.

(1) A person other than an enforcement officer may commence a violation proceeding by filing a complaint with a court that has jurisdiction over the alleged violation. The filing of the complaint is subject to ORS 153.048. The complaint shall be entered by the court in the court record. (2) A complaint under this section […]

Section 153.061 – Appearance by defendant.

(1) Except as provided in subsection (2) of this section, a defendant who has been issued a violation citation must either: (a) Make a first appearance by personally appearing in court at the time indicated in the summons; or (b) Make a first appearance in the manner provided in subsection (3) of this section before […]

Section 153.062 – Class E violation proceedings.

(1) Notwithstanding ORS 153.018, 153.019 and 153.021, and subject to subsection (2) of this section, a person subject to the penalty for a Class E violation may, in lieu of the fine, complete a screening, as set forth in ORS 430.389 (2)(d)(A), or any other equivalent or more intensive treatment contact, within 45 days of […]

Section 153.064 – Warrant for arrest upon failure to appear.

(1) Except as provided in subsection (2) of this section, a warrant for arrest may be issued against a person who fails to make a first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance, only if the person is charged with […]

Section 153.070 – When trial required.

The court may require that a trial be held in any violation proceeding. If the defendant requests a trial under ORS 153.061, or a trial is required by the court or by law, the court shall set a date, time and place for the trial. [1999 c.1051 §19; 2001 c.19 §2; 2003 c.518 §1]

Section 153.073 – Time and place.

Unless notice is waived by the defendant, the court shall mail or otherwise provide to the defendant notice of the date, time and place at least five days before the date set for trial under ORS 153.070. If the citation is for a traffic violation, or is for a violation of ORS 471.430, the notice […]