Fit To Proceed
ORS 161.360 — unable to understand, assist or participate, because of a qualifying mental disorder
If the court has reason to doubt a defendant's fitness to proceed, before or during trial, it may order an examination.
- To understand the nature of the proceedings
- To assist and cooperate with defense counsel
- To participate in the defense
A defendant may be found incapacitated if, because of a qualifying mental disorder, they are unable to do any one of those three things.
Sources for this section (1)
- ORS 161.360 — Qualifying mental disorder affecting fitness to proceed
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.