ORS 147.533: Waiver of remedy.

(1) A remedy under ORS 147.500 to 147.550 is waived if the remedy is requested: (a) By a victim who had notice of a related claim and did neither of the following: (A) File a response under ORS 147.517 (4); or (B) Participate in a hearing under ORS 147.530; or (b) By any person after: (A) The date determined by the court under ORS 147.517 (2)(a) if the person is filing a response; (B) The period of time described in ORS 147.522 if the person is filing a motion; or (C) Former jeopardy attaches, unless a motion for new trial or a motion in arrest of judgment is granted. (2) Subsection (1) of this section does not apply to: (a) Remedies that may be effectuated after the disposition of a criminal proceeding; (b) The right to obtain information described in section 42 (1)(b), Article I of the Oregon Constitution; (c) The right to receive prompt restitution described in section 42 (1)(d), Article I of the Oregon Constitution; (d) The right to have a copy of a transcript described in section 42 (1)(e), Article I of the Oregon Constitution; or (e) Remedies requested in a subsequent criminal proceeding arising after a state or federal court has granted a new trial or sentencing, provided the remedy is not waived pursuant to subsection (1) of this section in the subsequent criminal proceeding. [2009 c.178 §12]