Oregon Revised Statutes

Chapter 10 — Juries

67 sections

10.010 Definitions

As used in this chapter, unless the context requires otherwise: “Clerk of court” means the trial court administrator or any other nonjudicial officer or employee of the circuit court for a county authorized by the presiding judge for the judicial district. “Juror” means any juror or prospective juror. “Jury” means a body of persons temporarily selected fr…

10.020 Kinds of juries

A jury is of three kinds: A grand jury. A trial jury. A jury of inquest.

10.025 Rules for use of electronic transmission and electronic signature on documents

The Chief Justice of the Supreme Court may make rules for the use of electronic transmission and electronic signature on documents transmitted to or from a circuit court under this chapter. ORS 84.072 does not apply to rules adopted under this section.

10.030 Eligibility for jury service; discrimination prohibited

Except as otherwise specifically provided by statute, the opportunity for jury service may not be denied or limited on the basis of race, religion, sex, sexual orientation, gender identity, national origin, age, income, occupation or any other factor that discriminates against a cognizable group in this state. Any person is eligible to act as a juror in a c…

10.040 [Amended by 1961 c.454 §208; 1975 c.84 §1; repealed by 1979 c.728 §1]

10.050 Excuse from jury duty

A judge of the court or clerk of court shall excuse a person from acting as a juror upon a showing of undue hardship or extreme inconvenience to the person, the person’s family, the person’s employer or the public served by the person. In applying this subsection the judge or clerk of court shall carefully consider and weigh both the public need for juries w…

10.055 Deferment of jury service

A judge of the court or clerk of court may allow, for good cause shown, a person summoned to serve as a juror for a particular jury service term to defer jury service to any other term beginning within one year after the end of the term for which the person was summoned. Except as provided in this section, a judge or clerk may not allow more than one deferra…

10.060 [Amended by 1955 c.296 §1; 1971 c.358 §1; 1981 c.509 §1; 1985 c.703 §7; repealed by 1999 c.1085 §3 (10.061 enacted in lieu of 10.060)]

10.061 Fees payable to jurors; required waiver

The fee of jurors in courts other than circuit courts is $10 for each day that a juror is required to attend. The fee of jurors for the first two days of required attendance in circuit court during a term of service is $10 for each day that a juror is required to attend. The fee of jurors for the third and subsequent days of required attendance in circuit …

10.065 Mileage fee and reimbursement of other expenses

In addition to the fees prescribed in ORS 10.061, a juror who is required to travel from the juror’s usual place of abode in order to execute or perform service as a juror in a court other than a circuit court shall be paid mileage at the rate of eight cents a mile for travel in going to and returning from the place where the service is performed. In additi…

10.070 [Repealed by 1957 c.676 §2]

10.075 Payment of per diem and mileage fees by state; payment of other expenses

The per diem fees, mileage and expenses due to each juror in the circuit court shall be paid by the state from funds available for the purpose. Payment shall be made upon a certified statement, prepared by the clerk of court, showing the number of days each juror has served and the amount due each juror for mileage and other expenses. If a jury in the circu…

10.077 [Formerly 17.315; 1981 s.s. c.30 §60; repealed by 1985 c.703 §28]

10.080 Seeking or offering to procure place on jury or list of jurors and selection of juror pursuant to request prohibited

A person may not ask or request any sheriff, constable or any other person, whose duty it is under the law to select or summon any jury or juror, to select or put the person upon the jury. A person may not procure or offer to procure for the person or for another person a place upon any jury or seek to have the person or another placed upon the list of juror…

10.090 Prohibited acts by employers against jurors; notice to jurors; remedy for violations

An employer commits an unlawful employment practice under ORS chapter 659A if the employer discharges, threatens to discharge, intimidates or coerces any employee by reason of the employee’s service or scheduled service as a juror on a grand jury, trial jury or jury of inquest.` An employer may not require that an employee use vacation leave, sick leave or …

10.092 Insurance coverage for employee during jury service; unlawful employment practice

An employer who employs 10 or more persons commits an unlawful employment practice under ORS chapter 659A if: The employer ceases to provide health, disability, life or other insurance coverage for an employee during times when the employee serves or is scheduled to serve as a juror; and The employee elected to have coverage continued while the employee se…

10.095 Duty of jury; instructions

The jury, subject to the control of the court, in the cases specified by statute, are the judges of the effect or value of evidence addressed to them, except when it is thereby declared to be conclusive. They are, however, to be instructed by the court on all proper occasions: That their power of judging of the effect of evidence is not arbitrary, but to be…

10.097 Prohibition of identification of jurors by name in open proceedings

A juror may not be identified by name in any court proceeding open to the public. Notwithstanding subsection (1) of this section, a court shall ensure that the names of jurors are available to the parties to a proceeding unless the court determines that there is good cause to order otherwise.

10.100 View of premises by jury

Whenever, in the opinion of the court, it is proper that the jury should have a view of real property which is the subject of the litigation, or of the place in which any material fact occurred, it may order the jury to be conducted in a body, in the custody of a proper officer, to the place, which shall be shown to them by the judge or by a person appointed…

10.105 Jury service term

The length of a jury service term in a county shall be established by the presiding judge for the judicial district, but no trial juror shall be required to serve more than 10 days unless necessary to complete the trial of an action. A day of service is each day during a jury service term on which a juror is required to attend and attends.

10.107 Implementation of “one day, one trial” jury service

The Chief Justice of the Supreme Court shall take all reasonable actions necessary to expedite implementation of juror service procedures for circuit courts that will allow a person called for jury service to serve for one day, or for one trial if selected to serve on a trial.

10.110 [Amended by 1955 c.717 §1; 1957 c.393 §1; 1973 c.836 §312; 1981 s.s. c.3 §44; repealed by 1985 c.703 §28]

10.115 Jurors with disabilities

As used in this section: “Assistive communication device” means any equipment designed to facilitate communication by a person with a disability. “Juror with a disability” means a person who is hard of hearing or speech impaired, who is summoned to serve as a juror and whose name is drawn for grand jury or trial jury service. “Qualified interpreter” means…

10.120 [Amended by 1965 c.387 §1; repealed by 1973 c.836 §358]

10.125 Security for jury sequestered or kept overnight

When a jury is kept overnight or otherwise sequestered and the sheriff is ordered to provide security for the jury by a judge or clerk of court of the court to which the jurors were summoned, the sheriff shall provide that security. The cost of providing the security shall be paid by the county. [1985 c.703 §10] Note: Sections 1 and 2, chapter 145, Oregon L…

10.130 [Amended by 1979 c.728 §3; repealed by 1985 c.703 §28]

10.135 [1969 c.219 §1; 1973 c.836 §313; repealed by 1985 c.703 §28]

10.140 [Amended by 1955 c.717 §2; repealed by 1969 c.219 §2]

10.150 [Amended by 1955 c.717 §3; 1977 c.465 §1; 1981 s.s. c.3 §45; repealed by 1985 c.703 §28]

10.160 [Amended by 1955 c.717 §4; 1981 s.s. c.3 §46; repealed by 1985 c.703 §28]

SELECTION AND SUMMONING OF GRAND JURORS AND TRIAL JURORS IN CIRCUIT COURTS

10.205 Selection and summoning of jurors; identification numbers

ORS 10.205 to 10.265 govern the selection and summoning of persons for service as grand jurors or trial jurors in the circuit court in a county. The presiding judge for the judicial district may authorize the use of juror identification numbers in place of juror names in the performance of functions under ORS 10.215 to 10.265, 132.020 and ORCP 57 B for the …

10.210 [Amended by 1957 c.594 §1; 1961 c.705 §4; 1965 c.510 §11; 1977 c.519 §1; repealed by 1981 s.s. c.3 §141]

10.215 Master jury list; sources; contents

The State Court Administrator shall cause to be prepared at least once each year a master jury list containing names selected at random from the source lists. The source lists are the most recent list of electors of the county, the records furnished by the Department of Transportation as provided in ORS 802.260 (2) and any other sources approved by the Chief…

10.220 [Amended by 1955 c.717 §5; 1957 c.594 §2; 1959 c.462 §1; 1961 c.705 §5; 1965 c.510 §12; 1977 c.519 §2; 1981 s.s. c.3 §47; repealed by 1985 c.703 §28]

10.225 [1985 c.703 §14; 1995 c.781 §25; repealed by 2013 c.2 §6]

10.230 [Amended by 1981 s.s. c.3 §48; repealed by 1985 c.703 §28]

10.235 Additional jurors; selection; notice

When an additional number of jurors is needed for a jury service term in a county because the jury list for the term becomes exhausted, or in the opinion of the presiding judge for the judicial district is likely to become exhausted, before the end of the term, additional jurors may be selected and summoned as provided in this section. The presiding judge f…

10.240 [Amended by 1981 s.s. c.3 §49; repealed by 1985 c.703 §28]

10.245 Determining eligibility of jurors; eligibility form; effect of false statements or failure to respond

Before or at the time a person summoned to serve as a juror reports for jury service in a county, a judge of the circuit court for the county or clerk of court shall question the person as to the eligibility of the person to act as a juror under ORS 10.030. If a judge or clerk of court determines that a person so questioned is not eligible to act as a juror,…

10.250 [Amended by 1981 s.s. c.3 §50; repealed by 1985 c.703 §28]

10.255 Record of persons summoned to serve as jurors

The clerk of court shall cause to be prepared a record on all persons summoned to serve as jurors for a jury service term in a county, specifying: Those who did not attend. Those who were discharged for ineligibility to act as jurors. Those who were discharged for any other reason. Those whose jury service was deferred and the term to which jury service …

10.260 [Repealed by 1985 c.703 §28]

10.265 Preservation of jury orders, records and papers

After the end of a jury service term in a county, all orders, records and papers prepared in connection with the selection and summoning of persons to serve as jurors for the term as provided in ORS 10.235 to 10.255 shall be preserved by the clerk of court for the period established by the State Court Administrator under ORS 8.125.

10.270 [Amended by 1967 c.532 §7; 1967 c.533 §17; repealed by 1985 c.703 §28]

10.275 Jury challenges; request for access to confidential jury records; order allowing disclosure; exclusive procedure

A person challenging a jury panel under ORS 136.005 or ORCP 57 A who seeks jury records that are confidential under ORS 10.215 must include a request for access to the confidential records in the motion challenging the jury panel. The motion and supporting affidavit must be served on the trial court administrator and the State Court Administrator. The reques…

10.280 [Repealed by 1985 c.703 §28]

10.290 [Amended by 1965 c.387 §2; repealed by 1975 c.342 §1]

10.300 [Amended by 1963 c.519 §4; 1973 c.836 §314; repealed by 1985 c.703 §28]

10.310 [Repealed by 1985 c.703 §28]

10.320 [Amended by 1979 c.728 §4; 1981 s.s. c.3 §51; repealed by 1985 c.703 §28]

10.330 [Amended by 1981 s.s. c.3 §52; repealed by 1985 c.703 §28]

10.340 [Amended by 1963 c.519 §5; repealed by 1975 c.342 §1]

10.350 [Repealed by 1975 c.342 §1]

10.400 [1975 c.342 §3; 1977 c.631 §3; 1981 s.s. c.3 §53; repealed by 1985 c.703 §28]

10.410 [1975 c.342 §4; 1977 c.631 §4; 1981 s.s. c.3 §54; repealed by 1985 c.703 §28]

10.420 [1975 c.342 §5; 1977 c.631 §5; repealed by 1985 c.703 §28]

10.430 [1975 c.342 §6; 1977 c.631 §6; 1981 s.s. c.3 §55; repealed by 1985 c.703 §28]

10.440 [1975 c.342 §7; 1977 c.631 §7; 1981 s.s. c.3 §56; repealed by 1985 c.703 §28]

10.450 [1975 c.342 §8; 1977 c.631 §8; 1981 s.s. c.3 §57; repealed by 1985 c.703 §28]

10.460 [1975 c.342 §9; 1977 c.631 §9; 1981 s.s. c.3 §58; repealed by 1985 c.703 §28]

10.470 [1975 c.342 §10; 1977 c.631 §10; repealed by 1985 c.703 §28]

10.480 [1975 c.342 §11; 1977 c.631 §11; 1981 s.s. c.3 §59; repealed by 1985 c.703 §28]

10.490 [1975 c.342 §12; repealed by 1981 s.s. c.3 §141]

JURY OF INQUEST

10.810 Definition

A jury of inquest is a body of six persons, legally qualified to serve as jurors, summoned from the inhabitants of a particular district before the district attorney, sheriff or other ministerial officer, to inquire of particular facts.

10.820 Number of jurors required to concur

The verdict of a jury of inquest is sufficient if two-thirds of the jurors concur therein. PENALTIES

10.990 Penalties

Violation of ORS 10.080 is a Class B violation. If a person summoned to serve as a juror in a circuit court fails to attend as required, the court shall order the person to appear forthwith and show cause for that failure. If the person fails to appear pursuant to the order or appears and fails to show good cause, the person may be punished for contempt. A…

10.992 [1975 c.160 §2; 1999 c.1051 §145; repealed by 2011 c.118 §5]

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