162.193 Failure to appear; counsel for defendant cannot be witness; exception. In no prosecution under ORS 162.195 or 162.205 shall counsel representing the defendant on the underlying charge for which the defendant is alleged to have failed to appear be called to testify by the state as a witness against the defendant at any stage of the proceedings including, but not limited to, grand jury, preliminary hearing and trial. However, upon written motion by the state, and upon hearing the matter, if the court determines that no other reasonably adequate means exists to present evidence establishing the material elements of the charge, the counsel representing the defendant may be called to testify. [1989 c.759 §2]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 162 — Offenses Against the State and Public Justice
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
2025 EDITION
STATE AND PUBLIC JUSTICE OFFENSES
CRIMES AND PUNISHMENTS
DEFINITIONS
BRIBERY
PERJURY AND RELATED OFFENSES
ESCAPE, SUPPLYING CONTRABAND AND FAILURE TO APPEAR
OBSTRUCTING GOVERNMENTAL ADMINISTRATION
ABUSE OF PUBLIC OFFICE
INTERFERENCE WITH LEGISLATIVE OPERATIONS
DEFINITIONS
File SHA-256: 6dfad8a645fa6e9832270ebd067928ed2cd6f97ef4ed854a71f46e9af3b75226. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:162.193 Source file: ors162.html Pages: Not recorded – Not recorded Passage SHA-256: 046edfcc26ec8263dfb1633ccc34cf4bd2e151a60af31ad4b97c7326b3a92b81 Retained source evidence SHA-256: 6dfad8a645fa6e9832270ebd067928ed2cd6f97ef4ed854a71f46e9af3b75226
Source location: ORS 162.193 (all printed versions and notes)
Stored source content
162.193 Failure to appear; counsel for defendant cannot be witness; exception. In no prosecution under ORS 162.195 or 162.205 shall counsel representing the defendant on the underlying charge for which the defendant is alleged to have failed to appear be called to testify by the state as a witness against the defendant at any stage of the proceedings including, but not limited to, grand jury, preliminary hearing and trial. However, upon written motion by the state, and upon hearing the matter, if the court determines that no other reasonably adequate means exists to present evidence establishing the material elements of the charge, the counsel representing the defendant may be called to testify. [1989 c.759 §2]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
162.195 Failure to appear in the second degree. (1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after:
(a) Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a misdemeanor; or
(b) Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 in connection with a charge against the person of having committed a misdemeanor.
(2) Failure to appear in the second degree is a Class A misdemeanor. [1971 c.743 §195; 1973 c.836 §343; 1993 c.533 §5; 1999 c.1051 §69; 2001 c.517 §3; 2003 c.320 §1]