Rule 4.010.Time for Filing Pretrial Motions in Criminal Cases
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 4.010
Plain-English Summary
This rule fixes when pretrial motions get filed in a criminal case. Motions seeking pretrial rulings on matters governed by ORS 135.037 and by ORS 135.805 to 135.873 must be in writing and filed no less than 21 days before trial or within seven days after the arraignment, whichever of those dates falls later. The deadline yields to a showing of good cause and to a supplementary local rule that sets something different, so the judicial district's own rules are worth checking before you calendar anything.
A party who wants the motion argued before the trial date must ask for a pretrial hearing, and the request belongs in the caption of the motion. Burying it in the body does not satisfy the rule. When a party makes that request, the hearing must be held at least seven days before the trial date unless there is good cause to hold it later.
The point of the timing is to keep suppression fights, discovery disputes, and other pretrial questions from landing on the courthouse steps. Filing early also gives the other side room to respond and the court room to rule while the trial date still holds. A motion filed late is not automatically dead, but the filer carries the burden of showing why the deadline should give way.
Frequently Asked Questions
When do I have to file a pretrial motion in an Oregon criminal case?
In writing, no less than 21 days before trial or within seven days after the arraignment, whichever comes later. The rule applies to motions seeking pretrial rulings on the matters covered by ORS 135.037 and ORS 135.805 to 135.873.
What happens if I miss the deadline?
The rule builds in an exception for a showing of good cause, so a late motion depends on persuading the judge that the delay is justified. Explain the reason in the motion itself rather than waiting to be asked.
How do I ask for a pretrial hearing on my motion?
Put the request in the caption of the motion. The rule requires the request to be specified there, which lets court staff spot it when the filing is processed and route the motion for a setting.
How far before trial will the pretrial hearing be held?
When a party has requested one under this rule, the hearing must be held at least seven days before the trial date unless good cause supports a later setting.
Can a local court set a different motion deadline?
Yes. The rule applies in the absence of a supplementary local rule to the contrary, so a judicial district may adopt its own timing. Read the district's supplementary local rules alongside this one.