Oregon Statutes - Chapter 136 - Criminal Trials

136.001 Right to jury trial; waiver.
(1) The defendant and the state in all criminal prosecutions have the right to public trial by an impartial jury. (2) Both the defendant and...
136.005 Challenge to jury panel.
(1) The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material...
136.010 When issue of fact arises.
An issue of fact arises upon a plea of not guilty. [Amended by 1973 c.836 §223]
136.020 [Repealed by 1973 c.836 §358]
136.030 How issues are tried.
An issue of law shall be tried by the judge of the court and an issue of fact by a jury of the county in...
136.040 When presence of defendant is necessary.
(1) If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel;...
136.050 Degree of crime for which guilty defendant can be convicted when doubt as to degree exists.
When it appears that the defendant has committed a crime of which there are two or more degrees and there is a reasonable doubt as...
136.060 Jointly charged defendants to be tried jointly; exception.
(1) Jointly charged defendants shall be tried jointly unless the court concludes before trial that it is clearly inappropriate to do so and orders that...
136.070 Postponement of trial.
When a case is at issue upon a question of fact and before the same is called for trial, the court may, upon sufficient cause...
136.080 Deposition of witness as condition of postponement.
When an application is made for the postponement of a trial, the court may in its discretion require as a condition precedent to granting the...
136.090 Procedure for taking deposition.
When the consent mentioned in ORS 136.080 is given, the court shall make an order appointing some proper time and place for taking the deposition...
136.100 Filing and use of deposition.
Upon the making of the order provided in ORS 136.090, the deposition shall be taken and filed in court and may be read on the...
136.110 Commitment of defendant after release.
When a defendant who has been released appears for trial, the court may in its discretion at any time after such appearance order the defendant...
136.120 Dismissal when prosecutor unprepared for trial.
If, when the case is called for trial, the defendant appears for trial and the district attorney is not ready and does not show any...
136.130 Effect of dismissal on subsequent prosecution for same crime.
If the court orders the accusatory instrument to be dismissed and the instrument charges a felony or Class A misdemeanor, the order is not a...
136.140 Proceedings after judgment of acquittal.
If, upon the dismissal of the accusatory instrument, the court gives judgment of acquittal, the same proceedings shall be had thereon in relation to the...
136.145 Setting of court dates when presence of victim required.
When resetting any trial date or setting any court hearing requiring the presence of the victim, the court shall take the victim into consideration. The...
136.150 [Amended by 1963 c.503 §1; repealed by 1971 c.743 §432]
136.160 [Amended by 1965 c.551 §1; repealed by 1971 c.743 §432]
136.210 Jury number; examination.
(1) Except as provided in subsection (2) of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent...
136.220 Challenge for implied bias.
A challenge for implied bias shall be allowed for any of the following causes and for no other: (1) Consanguinity or affinity within the fourth...
136.230 Peremptory challenges.
(1) If the trial is upon an accusatory instrument in which one or more of the crimes charged is punishable with imprisonment in a Department...
136.240 Challenge of accepted juror.
If the peremptory challenges of the moving party are not already exhausted, the court may for good cause shown permit a challenge to be taken...
136.250 Taking of challenges; number of challenges if two or more defendants.
All peremptory challenges may be taken by the state or defendant, but when several defendants are tried together, the defendants are entitled to the number...
136.260 Selection of alternate jurors; peremptory challenges.
(1)(a) In the trial of a person charged with a crime, the court may in its discretion, after the jury is impaneled and sworn, direct...
136.270 Oath, rules governing conduct and attendance of alternate jurors at trial.
Alternate jurors shall take the same oath and shall be subject to the same laws, orders and rules, including any order preventing the separation of...
136.280 Substitution of alternate for juror dying or becoming disabled; dismissal.
If, before the final submission of the case, any juror dies or is unable to perform the duty because of illness or other cause which...
136.285 Priority in trial schedule for defendants in custody.
The court shall endeavor to schedule trial dates for defendants in custody before defendants who have been released pending trial, subject however to rights of...
136.290 Limitation on time defendant held prior to trial; release of defendant if limit exceeded.
(1) Except as provided in ORS 136.295, a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60...
136.295 Application of ORS 136.290.
(1) ORS 136.290 does not apply to persons charged with crimes which are not releasable offenses under ORS 135.240 or to persons charged with conspiracy...
136.300 Time limit on appeals to circuit court.
A defendant who is in custody pending an appeal to circuit court from a judgment of a municipal court or justice court shall have the...
136.310 Function of court; effect of judicial notice of a fact.
All questions of law, including the admissibility of testimony, the facts preliminary to such admission and the construction of statutes and other writings and other...
136.320 Function of jury; acceptance of charge on law.
Although the jury may find a general verdict, which includes questions of law as well as fact, it is bound, nevertheless, to receive as law...
136.325 Jury not to be informed of and not to consider punishment that may be imposed.
Except as required in ORS 161.313 and 163.150, the jury in a criminal proceeding may not be informed of, and may not consider, any punishment...
136.330 Trial procedure; polling jurors in writing.
(1) ORS 10.100 and ORCP 58 B, C and D and 59 B through F and G(1), (3), (4) and (5), apply to and regulate...
136.340 [Repealed by 1973 c.836 §358]
136.345 When attendance of woman officer is required.
Whenever any woman or girl is interrogated with reference to the commission of any sexual crime, is accused of or charged with the commission of...
136.347 Appointment, duties and compensation of woman officer.
The court or officer before whom any female person mentioned in ORS 136.345 is interrogated, taken into custody or called as a witness, shall appoint...
136.350 [Repealed by 1973 c.836 §358]
136.360 [Repealed by 1961 c.288 §2]
136.370 [Repealed by 1961 c.288 §2]
136.380 [Repealed by 1961 c.288 §2]
136.390 [Amended by 1957 c.380 §1; repealed by 1971 c.743 §432]
136.400 [Repealed by 1971 c.743 §432]
136.410 [Repealed by 1971 c.743 §432]
136.415 Presumption as to innocence; acquittal in doubtful cases.
A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt...
136.420 Testimony shall be given orally; exception.
In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except in the case...
136.425 Confessions and admissions; corroboration.
(1) A confession or admission of a defendant, whether in the course of judicial proceedings or otherwise, cannot be given in evidence against the defendant...
136.430 Applicability of laws of evidence in civil actions to criminal trials; exceptions.
The law of evidence in civil actions is also the law of evidence in criminal actions and proceedings, except as otherwise specifically provided in the...
136.432 Limitation on court�s authority to exclude relevant evidence.
A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any...
136.435 Admissibility of evidence from defendant not advised of rights.
Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 shall not be admissible, over the objection...
136.440 Testimony of accomplice; corroboration; �accomplice� defined.
(1) A conviction cannot be had upon the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant...
136.445 Motion for acquittal; standard for granting motion; effect.
In any criminal action the defendant may, after close of the state�s evidence or of all the evidence, move the court for a judgment of...
136.447 Medical records.
Medical records may be obtained by subpoena as provided in ORCP 55 H and shall be sent only to the court or the clerk of...
136.450 Number of jurors required for verdict.
(1) Except as otherwise provided in subsection (2) of this section, the verdict of a trial jury in a criminal action shall be by concurrence...
136.455 General verdict on plea of not guilty.
A general verdict upon a plea of not guilty is either �guilty,� of an offense charged in the accusatory instrument, or �not guilty.� [Formerly 136.620]
136.460 Verdict where crime consists of degrees.
(1) Upon a charge for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the...
136.465 Verdict where crime or attempt included within charge.
In all cases, the defendant may be found guilty of any crime the commission of which is necessarily included in that with which the defendant...
136.470 Conviction or acquittal of one or more of several defendants.
Upon an accusatory instrument against several defendants, any one or more may be convicted or acquitted. [Formerly 136.670]
136.475 Verdict as to some of several defendants; retrial of others.
Upon an accusatory instrument against several defendants, if the jury cannot agree upon a verdict as to all, it may give a verdict as to...
136.480 Reconsideration of verdict when jury makes mistake as to law.
When a verdict is found in which it appears to the court that the jury has mistaken the law, the court may explain the reason...
136.485 Reconsideration of verdict which is not general verdict.
If the jury finds a verdict which is not a general verdict, the court may, with proper instructions as to the law, direct the jury...
136.490 Discharge of defendant upon acquittal; exception.
If judgment of acquittal is given on a general verdict and the defendant is not detained for any other legal cause, the defendant shall be...
136.495 Proceedings after adverse general verdict.
If a general verdict against the defendant is given, the defendant shall be remanded, if in custody; if the defendant has been released, the defendant...
136.500 Motion in arrest; basis and time for making.
A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict...
136.505 Effect of allowance of motion.
The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which the defendant was before...
136.510 [Amended by 1973 c.836 §237; renumbered 136.430]
136.515 Order when evidence shows guilt; new charge.
If, from the evidence given on the trial, there is reasonable ground to believe the defendant guilty and a new accusatory instrument can be framed...
136.520 [Renumbered 136.415]
136.525 Order when evidence is insufficient; acquittal.
If the evidence appears insufficient to charge the defendant with any offense, the defendant shall, if in custody, be discharged or, if the defendant has...
136.530 [Renumbered 136.420]
136.535 Application of ORS 19.430 and ORCP 64 A, B and D to G to new trials.
Except that a new trial may not be granted on application of the state, ORS 19.430 and ORCP 64 A, B and D to G...
136.540 [Amended by 1957 c.567 §1; renumbered 136.425]
136.545 [1963 c.511 §2; 1973 c.836 §238; renumbered 136.435]
136.550 [Amended by 1973 c.836 §239; renumbered 136.440]
136.555 Subpoena defined.
The process by which the attendance of a witness before a court or magistrate is required is a subpoena. [Formerly 139.010]
136.557 Issuance of subpoena by magistrate for witnesses at preliminary examination.
A magistrate before whom an information is laid or complaint made may issue subpoenas subscribed by the magistrate for witnesses within the state, either on...
136.560 [Amended by 1957 c.551 §1; 1959 c.302 §1; repealed by 1971 c.743 §432]
136.563 Issuance of subpoena by district attorney for witnesses before grand jury.
The district attorney may issue subpoenas subscribed by the district attorney for witnesses within the state in support of the prosecution or for such other...
136.565 Issuance of subpoena by district attorney for witnesses at trial.
The district attorney may issue subpoenas subscribed by the district attorney for not to exceed 10 witnesses within the state in support of an indictment...
136.567 Issuance of subpoena for witnesses for defendant; bar to dismissal.
(1) A defendant in a criminal action is entitled, at the expense of the state or city, to have subpoenas issued for not to exceed...
136.570 Proceeding to obtain subpoenas for more than 10 witnesses.
If either party in a criminal action desires more than 10 witnesses, as provided in ORS 136.565 and 136.567, application therefor shall be made to...
136.575 Forms of subpoenas.
Subpoenas authorized by ORS 136.557 to 136.567 shall be substantially in the following form: (1) By a magistrate: ______________________________________________________________________________ IN THE NAME OF THE STATE...
136.580 Subpoenas when books, papers or documents are required.
(1) If books, papers or documents are required, a direction to the following effect shall be added to the form provided in ORS 136.575: �And...
136.585 By whom subpoena is served.
A subpoena may be served by the defendant or any other person over 18 years of age and shall be served by any sheriff or...
136.595 How subpoena is served; proof of service; service on law enforcement agency.
(1) Except as provided in ORS 136.447 and subsections (2) and (3) of this section, a subpoena is served by delivering a copy to the...
136.600 Certain civil procedures applicable to criminal proceedings.
The provisions of ORS 44.150 and ORCP 39 B and 55 E and G apply in criminal actions, examinations and proceedings. [Formerly 139.110; 1979 c.284...
136.602 Witness fees payable by county; method of payment; defense witness fees payable by defendant.
(1) Except as otherwise specifically provided by law, the per diem fees and mileage and any expenses allowed under ORS 136.603 due to any witness...
136.603 Payment of witness who is from outside state or is indigent.
(1)(a) Whenever any person attends any court, grand jury or committing magistrate as a witness on behalf of the prosecution or of any person accused...
136.605 [1957 c.576 §1; 1973 c.836 §240; renumbered 136.445]
136.607 [Formerly 139.150; 1977 c.746 §9; repealed by 1995 c.657 §18]
136.608 Application procedure.
(1) The district attorney or the defendant may apply to the court for a material witness order when: (a) An indictment has been filed, and...
136.609 [Formerly 139.160; 1977 c.746 §10; repealed by 1995 c.657 §18]
136.610 [Amended by 1973 c.836 §241; renumbered 136.450]
136.611 Court action upon receipt of application.
(1) If, upon receipt of an application under ORS 136.608, the court determines that the application is well founded, the court shall: (a) Enter an...
136.612 Hearing; security amount; vacation or modification of order.
(1) At the hearing to determine whether a material witness order should be entered: (a) The applicant has the burden of proving by a preponderance...
136.613 [Formerly 139.170; 1977 c.746 §11; repealed by 1995 c.657 §18]
136.614 Witness held in detention facility; payment.
A witness held in a county jail, or other appropriate detention facility, as the result of a material witness order must be paid $7.50 for...
136.615 [Formerly 139.180; repealed by 1995 c.657 §18]
136.617 Proceedings to compel witness who may be incriminated thereby to testify.
In any criminal proceeding before a court of record or in any proceeding before a grand jury, or in any proceeding before a court of...
136.619 Immunity of witness compelled to testify.
(1) A witness who, in compliance with a court order issued under ORS 33.085 or 136.617, testifies or produces evidence that the witness would have...
136.620 [Amended by 1973 c.836 §242; renumbered 136.455]
136.623 Definitions.
(1) �Witness,� as used in ORS 136.623 to 136.637, shall include a person whose testimony is desired in any proceeding or investigation by a grand...
136.625 Where witness material to proceeding in another state is in this state.
(1) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state...
136.627 Where witness material to proceeding in this state is in another state.
(1) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in...
136.630 [Repealed by 1973 c.836 §358]
136.633 Immunity of witness from arrest or service of process.
(1) If a person comes into this state in obedience to a summons directing the person to attend and testify in this state the person...
136.635 Construction of ORS 136.623 to 136.637.
ORS 136.623 to 136.637 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which...
136.637 Short title.
ORS 136.623 to 136.637 may be cited as Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings. [Formerly 139.260]
136.640 [Repealed by 1973 c.836 §358]
136.643 Defendant as witness.
In the trial of or examination upon any indictment, complaint, information or other proceeding before any court, magistrate, jury or other tribunal against a person...
136.645 Codefendant as witness.
No person named in an indictment, information or complaint as a codefendant shall be deemed incompetent to testify as a witness at the trial of...
136.650 [Amended by 1973 c.836 §243; renumbered 136.460]
136.655 Husband or wife as witness.
(1) Except as provided in subsection (2) of this section, in all criminal actions in which the husband is the party accused, the wife is...
136.660 [Amended by 1973 c.836 §244; renumbered 136.465]
136.670 [Amended by 1973 c.836 §245; renumbered 136.470]
136.675 Conditions for use of testimony of persons subjected to hypnosis.
If either prosecution or defense in any criminal proceeding in the State of Oregon intends to offer the testimony of any person, including the defendant,...
136.680 [Amended by 1973 c.836 §246; renumbered 136.475]
136.685 Law enforcement personnel required to advise hypnosis subjects of consequences; consent of subject required.
(1) No person employed or engaged in any capacity by or on behalf of any state or local law enforcement agency shall use upon another...
136.690 [Renumbered 136.480]
136.695 Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible.
No evidence secured in violation of ORS 136.675 or 136.685 shall be admissible in any criminal proceeding in this state. [1977 c.540 §3]
136.700 [Amended by 1973 c.836 §247; renumbered 136.485]
136.710 [Amended by 1973 c.836 §248; renumbered 136.490]
136.720 [Amended by 1973 c.836 §249; renumbered 136.495]
136.730 [Repealed by 1971 c.743 §432]
136.750 [1993 c.379 §1; renumbered 153.805 in 1995]
136.753 [1993 c.379 §2; renumbered 153.808 in 1995]
136.756 [1993 c.379 §3; renumbered 153.810 in 1995]
136.760 Definitions for ORS 136.765 to 136.785.
As used in ORS 136.765 to 136.785: (1) �Accusatory instrument� has the meaning given that term in ORS 131.005. (2) �Enhancement fact� means a...
136.765 Notice to defendant.
In order to rely on an enhancement fact to increase the sentence that may be imposed in a criminal proceeding, the state shall notify the...
136.770 Enhancement fact related to offense.
(1) When an enhancement fact relates to an offense charged in the accusatory instrument, the court shall submit the enhancement fact to the jury during...
136.773 Enhancement fact related to defendant.
(1) When an enhancement fact relates to the defendant, the court shall submit the enhancement fact to the jury during the sentencing phase of the...
136.776 Effect of waiver of right to jury trial.
When a defendant waives the right to a jury trial on the issue of guilt or innocence, the waiver constitutes a written waiver of the...
136.780 Evidence.
All evidence received during the trial phase of a criminal proceeding may be considered by the jury or, if the defendant waives the right to...
136.785 Burden of proof; effect of finding.
(1) When an enhancement fact is tried to a jury, any question relating to the enhancement fact shall be submitted to the jury. (2) The...
136.790 Notice to defendant upon remand.
In order to rely on an enhancement fact, as defined in ORS 136.760, to increase the sentence that may be imposed upon remand of a...
136.792 Jury upon remand.
(1) For the purpose of imposing a new sentence in a case that has been remanded to a trial court that will result in resentencing...
136.810 [Amended by 1973 c.836 §250; renumbered 136.500]
136.820 [Renumbered 136.505]
136.830 [Amended by 1973 c.836 §251; renumbered 136.515]
136.840 [Amended by 1973 c.836 §252; renumbered 136.525]
136.850 [Repealed by 1971 c.565 §17 (136.851 enacted in lieu of 136.850)]
136.851 [1971 c.565 §18 (136.851 enacted in lieu of 136.850); 1973 c.836 §253; renumbered 136.535]

Last modified: August 7, 2008