ORS Chapter 136

Chapter 136 — CriminalTrials

2009 EDITION

CRIMINALTRIALS

PROCEDUREIN CRIMINAL MATTERS GENERALLY

GENERALPROVISIONS

136.001 Rightto jury trial; waiver

136.005 Challengeto jury panel

136.010 Whenissue of fact arises

136.030 Howissues are tried

136.040 Whenpresence of defendant is necessary

136.050 Degreeof crime for which guilty defendant can be convicted when doubt as to degreeexists

136.060 Jointlycharged defendants to be tried jointly; exception

136.070 Postponementof trial

136.080 Depositionof witness as condition of postponement

136.090 Procedurefor taking deposition

136.100 Filingand use of deposition

136.110 Commitmentof defendant after release

136.120 Dismissalwhen prosecutor unprepared for trial

136.130 Effectof dismissal on subsequent prosecution for same crime

136.140 Proceedingsafter judgment of acquittal

136.145 Settingof court dates when presence of victim required

SELECTIONOF JURY

136.210 Jurynumber; examination

136.220 Challengefor implied bias

136.230 Peremptorychallenges

136.240 Challengeof accepted juror

136.250 Takingof challenges; number of challenges if two or more defendants

136.260 Selectionof alternate jurors; peremptory challenges

136.270 Oath,rules governing conduct and attendance of alternate jurors at trial

136.280 Substitutionof alternate for juror dying or becoming disabled; dismissal

SCHEDULINGOF TRIAL

136.285 Priorityin trial schedule for defendants in custody

136.290 Limitationon time defendant held prior to trial; release of defendant if limit exceeded

136.295 Applicationof ORS 136.290

136.300 Timelimit on appeals to circuit court

CONDUCTOF TRIAL

136.310 Functionof court; effect of judicial notice of a fact

136.320 Functionof jury; acceptance of charge on law

136.325 Jurynot to be informed of and not to consider punishment that may be imposed

136.330 Trialprocedure; polling jurors in writing

136.345 Whenattendance of woman officer is required

136.347 Appointment,duties and compensation of woman officer

EVIDENCE

136.415 Presumptionas to innocence; acquittal in doubtful cases

136.420 Testimonyto be given orally; exceptions

136.425 Confessionsand admissions; corroboration

136.427 Confessions;corroboration not required; notice; hearing

136.430 Applicabilityof laws of evidence in civil actions to criminal trials; exceptions

136.432 Limitationon court’s authority to exclude relevant evidence

136.433 Provingprevious conviction; stipulation; presentation to jury

136.434 Challengeto validity of previous conviction

136.435 Admissibilityof evidence from defendant not advised of rights

136.440 Testimonyof accomplice; corroboration; “accomplice” defined

136.445 Motionfor acquittal; standard for granting motion; effect

136.447 Medicalrecords

VERDICTAND JUDGMENT

136.450 Numberof jurors required for verdict

136.455 Generalverdict on plea of not guilty

136.460 Verdictwhere crime consists of degrees

136.465 Verdictwhere crime or attempt included within charge

136.470 Convictionor acquittal of one or more of several defendants

136.475 Verdictas to some of several defendants; retrial of others

136.480 Reconsiderationof verdict when jury makes mistake as to law

136.485 Reconsiderationof verdict which is not general verdict

136.490 Dischargeof defendant upon acquittal; exception

136.495 Proceedingsafter adverse general verdict

MOTIONIN ARREST OF JUDGMENT; NEW TRIAL

136.500 Motionin arrest of judgment; basis and time for making

136.505 Effectof allowance of motion

136.515 Orderwhen evidence shows guilt; new charge

136.525 Orderwhen evidence is insufficient; acquittal

136.535 Newtrial; application of ORCP 64 F to motion in arrest of judgment

WITNESSES

(Generally)

136.555 Subpoenadefined

136.557 Issuanceof subpoena by magistrate for witnesses at preliminary examination

136.563 Issuanceof subpoena by district attorney for witnesses before grand jury

136.565 Issuanceof subpoena by district attorney for witnesses at trial

136.567 Issuanceof subpoena for witnesses for defendant; bar to dismissal

136.570 Proceedingto obtain subpoenas for more than 10 witnesses

136.575 Formsof subpoenas

136.580 Subpoenaswhen books, papers or documents are required

136.583 Seizureor production of papers, documents or records from recipient; notice;authentication

136.585 Bywhom subpoena is served

136.595 Howsubpoena is served; proof of service; service on law enforcement agency

136.600 Certaincivil procedures applicable to criminal proceedings

136.602 Witnessfees payable by county; method of payment; defense witness fees payable bydefendant

136.603 Paymentof witness who is from outside state or is indigent

(MaterialWitness Order)

136.608 Applicationprocedure

136.611 Courtaction upon receipt of application

136.612 Hearing;security amount; vacation or modification of order

136.614 Witnessheld in detention facility; payment

(CompellingWitnesses)

136.617 Proceedingsto compel witness who may be incriminated thereby to testify

136.619 Immunityof witness compelled to testify

(UniformAct to Secure Attendance of Witnesses From Without a State in CriminalProceedings)

136.623 Definitions

136.625 Wherewitness material to proceeding in another state is in this state

136.627 Wherewitness material to proceeding in this state is in another state

136.633 Immunityof witness from arrest or service of process

136.635 Constructionof ORS 136.623 to 136.637

136.637 Shorttitle