Rule 3.060.Defendant in Criminal Trial

Current through August 1, 2026 · Last verified September 12, 2026

In one sentenceUTCR 3.060 requires the defendant in a criminal case to stand during arraignment, during the entry of a plea, and at sentencing, unless the court permits otherwise, a discretion the rule leaves undefined.

Full Text of Rule 3.060

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During arraignment, plea and sentence, the defendant must stand unless otherwise permitted by the court.

End

Plain-English Summary

The rule names three moments: arraignment, plea, and sentence. At each of them the defendant stands. These are the points where the case is formally stated, answered, and resolved, and the rule treats them as occasions that call for the defendant to be on their feet.

The requirement bends whenever the court permits otherwise. The rule attaches no conditions to that permission and asks for no showing, which leaves room for the judge to excuse a defendant who cannot stand, who is restrained, or who appears in some posture the courtroom's setup dictates. A defendant who needs an accommodation under the Americans with Disabilities Act has a separate route as well, through the notification procedure in UTCR 7.060.

Nothing in the rule addresses the rest of the hearing or other kinds of appearances. It governs those three moments in a criminal case and leaves the remainder to the court and to the other decorum rules in this chapter.

Frequently Asked Questions

When does a criminal defendant have to stand in court?

During arraignment, during the plea, and at sentence. Those are the three moments the rule names.

What if the defendant is unable to stand?

The rule allows the court to permit otherwise, and it places no conditions on that permission.

If the reason is a disability, UTCR 7.060 sets out how to notify the court of the need for an accommodation under the Americans with Disabilities Act.

Does the defendant stand for the whole hearing?

The rule does not say so. It attaches the requirement to arraignment, plea, and sentence rather than to the hearing as a whole.

Do the attorneys stand too?

Not under this rule, which speaks to the defendant. The standing requirement for attorneys and other parties is in UTCR 3.050, which tells parties to rise and remain standing while addressing the court or the jury.

Does this apply in a civil case?

The rule is written around arraignment, plea, and sentence, which are steps in a criminal case.

In a civil proceeding, the standing requirement that matters is the one in UTCR 3.050 covering parties who address the court or the jury.

Source & verification. The rule text is reproduced verbatim from the official Oregon Uniform Trial Court Rules (UTCR 3.060). Prescribed by the Chief Justice of the Oregon Supreme Court (UTCR 1.020). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

Also known as: utcr 3.060defendant stand at arraignmentstanding at sentencing oregoncriminal defendant standing for pleadefendant standing in court oregon