# ORS § 133.060: 133.060 Cited person to appear before magistrate

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.060

## Section

- **Citation:** ORS § 133.060
- **Heading:** 133.060 Cited person to appear before magistrate
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 14 / Chapter 133 / Section 133.060

## Text

(1) A person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not be later than 30 days after the date the citation was issued.

(2) If the cited person fails to appear at the time, date and court specified in the criminal citation, and a complaint or information is filed, the magistrate shall issue a warrant of arrest, upon application for its issuance, upon the person’s failure to appear.

(3) Intentionally left blank —Ed.

(a) Notwithstanding subsection (1) of this section, during a period of statewide emergency, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued.

(b) During a period of statewide emergency, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court.

(c) The presiding judge may delegate the authority described in paragraph (b) of this subsection to another judge of the court.

(d) Nothing in this subsection affects the rights of a defendant under the Oregon and United States Constitutions.

(e) As used in this subsection, “period of statewide emergency” means the period of time during which any declaration of a state of emergency under ORS 401.165 (Declaration of state of emergency) , public health emergency under ORS 433.441 (Declaration of public health emergency) or catastrophic disaster under Article X-A, section 1, of the Oregon Constitution, issued by the Governor, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect. [1969 c.244 §5; 1983 c.661 §1; 1997 c.548 §1; 1999 c.1051 §55; 2021 c.199 §2]

Source: Section 133.060 — Cited person to appear before magistrate; failure to appear; appearance during statewide emergency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 133.005 133.005 Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.005.md)
- [ORS § 133.007 133.007 Sufficiency of information or complaint](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.007.md)
- [ORS § 133.015 133.015 Contents of information or complaint](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.015.md)
- [ORS § 133.020 133.020 Magistrate defined](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.020.md)
- [ORS § 133.030 133.030 Who are magistrates](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.030.md)
- [ORS § 133.033 133.033 Peace officer](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.033.md)
- [ORS § 133.035 133.035 Ex parte emergency protective orders](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.035.md)
- [ORS § 133.055 133.055 Criminal citation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.055.md)
- [ORS § 133.060 133.060 Cited person to appear before magistrate](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.060.md)
- [ORS § 133.065 133.065 Service of criminal citation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.065.md)
- [ORS § 133.066 133.066 Criminal citations generally](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.066.md)
- [ORS § 133.068 133.068 Contents of criminal citation issued without complaint](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.068.md)
- [ORS § 133.069 133.069 Contents of criminal citation issued with complaint](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.069.md)
- [ORS § 133.070 133.070 Criminal citation where arrest without warrant is authorized for ordinance violation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.070.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C133_S133.060. Check the current official text before relying on it. Not legal advice.
