§ 136.535 New trial; application of ORCP 64 F to motion in arrest of judgment

This rule explains how requests for a new trial work in criminal cases. It says the same general rules that apply to new trials in civil cases also apply in criminal cases, with one key difference: the state (the prosecution) cannot ask for a new trial. Only the defendant can make that request. The rule borrows specific procedures from Oregon's civil trial rules to fill in the details about how these requests are handled.

The rule also covers something called a "motion in arrest of judgment." This is a legal request asking the court to stop a judgment from taking effect, usually because of a problem with the case that should have stopped it from moving forward in the first place. For this type of motion, the rule says courts should follow the same procedural steps used for new trial motions, as spelled out in the civil trial rules.

In simple terms, this rule connects criminal court procedures to existing civil court procedures instead of creating brand new rules from scratch. It sets clear limits on who can ask for a new trial, protecting defendants from being forced into a second trial just because the prosecution is unhappy with the outcome.