Oregon Law
Law as of Jan 1, 2026
Chapter contents
136.001Right to jury trial; waiver 136.005Challenge to jury panel 136.010When issue of fact arises 136.020[Repealed by 1973 c.836 §358] 136.030How issues are tried 136.040When presence of defendant is necessary 136.050Reasonable doubt as to degree of crime committed by defendant 136.060Jointly charged defendants to be tried jointly; exception 136.070Postponement of trial 136.080Deposition of witness as condition of postponement 136.090Procedure for taking deposition 136.100Filing and use of deposition 136.110Commitment of defendant after release 136.120Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant 136.130[Amended by 1973 c.836 §229; repealed by 2017 c.529 §26] 136.140[Amended by 1973 c.836 §230; repealed by 2017 c.529 §26] 136.145Setting of court dates when presence of victim required 136.150[Amended by 1963 c.503 §1; repealed by 1971 c.743 §432] 136.160[Amended by 1965 c.551 §1; repealed by 1971 c.743 §432] 136.210Jury number; examination 136.220Challenge for implied bias 136.230Peremptory challenges 136.240Challenge of accepted juror 136.250Taking of challenges; number of challenges if two or more defendants 136.260Selection of alternate jurors; peremptory challenges 136.270Oath, conduct and attendance of alternate jurors at trial 136.280Substitution of alternate for discharged juror; retention and discharge of alternates 136.285Priority in trial schedule for defendants in custody 136.290Limit on custody of defendant prior to trial; release if limit exceeded 136.295Application of ORS 136.290; when extensions granted 136.300Time limit on appeals to circuit court 136.310Function of court; effect of judicial notice of a fact 136.320Function of jury; jury to receive law as laid down by court 136.325Jury not to be informed of and not to consider punishment that may be imposed 136.330Trial procedure; polling jurors in writing 136.340[Repealed by 1973 c.836 §358] 136.345When attendance of woman officer is required 136.347Appointment, duties and compensation of woman officer 136.350[Repealed by 1973 c.836 §358] 136.360[Repealed by 1961 c.288 §2] 136.370[Repealed by 1961 c.288 §2] 136.380[Repealed by 1961 c.288 §2] 136.390[Amended by 1957 c.380 §1; repealed by 1971 c.743 §432] 136.400[Repealed by 1971 c.743 §432] 136.410[Repealed by 1971 c.743 §432] 136.415Presumption of innocence; acquittal in case of reasonable doubt 136.420Testimony to be given orally in court; exceptions 136.425Confessions and admissions; corroboration; defendant’s conduct in relation to declaration or act of another 136.427Confessions; corroboration not required; notice; hearing 136.430Civil laws of evidence in criminal trials; exceptions 136.432Limitation on court’s authority to exclude relevant evidence 136.433Proving previous conviction; stipulation; presentation to jury 136.434Challenge to validity of previous conviction 136.435Admissibility of evidence from felony defendant not informed as required under ORS 135.070 136.437Use of evidence in prosecution of prostitution offense 136.440Testimony of accomplice; corroboration; “accomplice” defined 136.445Motion for acquittal; standard for granting motion; effect 136.447Medical records 136.450Number of jurors required for verdict 136.455General verdict on plea of not guilty 136.460Verdict where crime consists of degrees; lesser included offenses 136.465Verdict where crime or attempt included within charge 136.470Conviction or acquittal of one or more of several defendants 136.475Verdict as to some of several defendants; retrial of others 136.480Reconsideration of verdict when jury makes mistake as to law 136.485Reconsideration of verdict which is not general verdict 136.490Discharge of defendant upon acquittal; exception 136.495Proceedings after adverse general verdict 136.500Motion in arrest of judgment; basis and time for making 136.505Effect of allowance of motion 136.510[Amended by 1973 c.836 §237; renumbered 136.430] 136.515Order when evidence shows guilt; new accusatory instrument 136.520[Renumbered 136.415] 136.525Order when evidence is insufficient; acquittal 136.530[Renumbered 136.420] 136.535New trial; application of ORCP 64 F to motion in arrest of judgment 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] 136.555Subpoena defined 136.557Issuance of subpoena by magistrate for witnesses at preliminary examination 136.560[Amended by 1957 c.551 §1; 1959 c.302 §1; repealed by 1971 c.743 §432] 136.563Issuance of subpoena by district attorney for witnesses before grand jury 136.565Issuance of subpoena by district attorney for witnesses at trial 136.567Issuance of subpoena for witnesses for defendant; bar to dismissal 136.570Application for subpoenas for more than 10 witnesses 136.575Forms of subpoenas 136.580Subpoenas when books, papers or documents are required 136.583Seizure or production of papers, documents or records from recipient; notice; authentication 136.585By whom subpoena is served 136.595How subpoena is served; proof of service; service on law enforcement agency 136.600Certain civil procedures applicable in criminal context 136.602Witness fees payable by county; method of payment; defense witness fees payable by defendant 136.603Payment of witness who is from outside state or is indigent 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] 136.608Application procedure 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] 136.611Court action upon receipt of application 136.612Hearing; security amount; vacation or modification of order 136.613[Formerly 139.170; 1977 c.746 §11; repealed by 1995 c.657 §18] 136.614Witness held in detention facility; payment 136.615[Formerly 139.180; repealed by 1995 c.657 §18] 136.616Deposition to perpetuate testimony; procedure 136.617Motion to compel witness who may be incriminated to testify 136.619Immunity of witness compelled to testify 136.620[Amended by 1973 c.836 §242; renumbered 136.455] 136.623Definitions 136.625Where witness material to proceeding in another state is in this state 136.627Where witness material to proceeding in this state is in another state 136.630[Repealed by 1973 c.836 §358] 136.633Immunity of witness from arrest or service of process 136.635Construction of ORS 136.623 to 136.637 136.637Short title 136.640[Repealed by 1973 c.836 §358] 136.643Defendant as witness 136.645Codefendant as witness 136.650[Amended by 1973 c.836 §243; renumbered 136.460] 136.655Spouse as witness 136.660[Amended by 1973 c.836 §244; renumbered 136.465] 136.670[Amended by 1973 c.836 §245; renumbered 136.470] 136.675Conditions for use of testimony of persons subjected to hypnosis 136.680[Amended by 1973 c.836 §246; renumbered 136.475] 136.685Required explanations by law enforcement personnel to hypnosis subject; consent of subject required 136.690[Renumbered 136.480] 136.695Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible 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] 136.760Definitions for ORS 136.765 to 136.785 136.765Notice to defendant 136.770Enhancement fact related to offense 136.773Enhancement fact related to defendant 136.776Effect of waiver of right to jury trial 136.780Evidence 136.785Burden of proof; effect of finding 136.790Notice to defendant upon remand 136.792Jury upon remand 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]

Chapter 136 — Criminal Trials

ORS 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; but if it is for a felony, the defendant shall appear in person.

(2)

Notwithstanding the provisions of subsection (1) of this section, if the charge is for a misdemeanor, the trial may be had in the absence of the defendant and defendant’s counsel if the misdemeanor is treated as a violation under ORS 161.566 or 161.568.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.