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ORS 136.040

Known as the Uniform Act

The act spans §§ 136–136 (149 sections).

Applied in 18 court decisions — leading case State v. Walton (1991)

Most recently applied in 327 Or. App. 344 - State v. Humphrey (August 2023)

Amended by 1973 c.836 §225; 1993 c.533 §3; 1999 c.1051 §123

How often courts cite this section

19791990200020102020202320
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel; but if it is for a felony, the defendant shall appear in person.

(2) Notwithstanding the provisions of subsection (1) of this section, if the charge is for a misdemeanor, the trial may be had in the absence of the defendant and defendant’s counsel if the misdemeanor is treated as a violation under ORS 161.566 or 161.568.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.