Oregon Statutes - Chapter 137 - Judgment and Execution; Parole and Probation by the Court - Section 137.071 - Requirements for judgment documents.

(1) The judge in a criminal action shall ensure that the creation and filing of a judgment document complies with this section. On appeal, the appellate court may give leave as provided in ORS 19.270 for entry of a judgment document that complies with this section but may not reverse or set aside a judgment, determination or disposition on the sole ground that the judgment document fails to comply with this section.

(2) A judgment document in a criminal action must comply with ORS 18.038. In addition, a judgment document in a criminal action must:

(a) Indicate whether the defendant was determined to be financially eligible for purposes of appointed counsel in the action.

(b) Indicate whether the court appointed counsel for the defendant in the action.

(c) If there is no attorney for the defendant, indicate whether the defendant knowingly waived any right to an attorney after having been informed of that right.

(d) Include the identity of the recorder or reporter for the proceeding or action who is to be served under ORS 138.081.

(e) Include any information specifically required by statute or by court rule.

(f) Specify clearly the courtís determination for each charge in the information, indictment or complaint.

(g) Specify clearly the courtís disposition, including all legal consequences the court establishes or imposes. If the determination is one of conviction, the judgment document must include any suspension of sentence, forfeiture, imprisonment, cancellation of license, removal from office, monetary obligation, probation, conditions of probation, discharge, restitution, community service and all other sentences and legal consequences imposed by the court. Nothing in this paragraph requires the judgment document to specify any consequences that may result from the determination but are not established or imposed by the court.

(h) Include the identities of the attorney for the state and the attorney, if any, for the defendant.

(3) A judgment document in a criminal action that includes a money award, as defined in ORS 18.005, must comply with ORS 18.048.

(4) The requirements of this section do not apply to a judgment document if the action was commenced by the issuance of a uniform citation adopted under ORS 1.525 and the court has used the space on the citation for the entry of a judgment. The exemption provided by this subsection does not apply if any indictment, information or complaint other than a uniform citation is filed in the action. [1989 c.472 §2; 1995 c.117 §1; 1997 c.526 §3; 2001 c.962 §88; 2003 c.300 §§1,2; 2003 c.576 §162]

Section:  Previous  137.017  137.020  137.030  137.040  137.050  137.060  137.070  137.071  137.072  137.073  137.074  137.075  137.076  137.077  137.079  Next

Last modified: August 7, 2008