Oregon Statutes 153.048 – Complaint; requirements
(1) The complaint in a violation citation must contain at least the following:
Terms Used In Oregon Statutes 153.048
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Violation: means an offense described in ORS § 153. See Oregon Statutes 153.005
(a) The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant.
(b) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.
(c) A certificate under ORS § 153.045 (5) signed by the enforcement officer.
(2) If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before the entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.
(3) A court may amend a complaint in its discretion. [1999 c.1051 § 14]