ORS 132.580
Names of grand jury witnesses required on indictment

  • exception
  • effect of failure to include
  • procedure to remedy failure

(1)

Except as provided in subsection (2) of this section, when an indictment is found, the names of the witnesses examined before the grand jury that returned the indictment, either by testimony in the presence of the grand jury, by affidavit, by means of simultaneous television transmission under ORS 132.320 (Consideration of evidence) (5) or by telephone under ORS 132.320 (Consideration of evidence) (7), and the names of those whose reports were received by such grand jury pursuant to ORS 132.320 (Consideration of evidence) (2) must be inserted at the foot of the indictment, or indorsed thereon, before it is filed. The indorsement shall show whether the witness gave testimony before the grand jury in person, by affidavit, by means of simultaneous television transmission or by telephone or filed a report.

(2)

Intentionally left blank —Ed.

(a)

An indictment may include a pseudonym, initials or other signifier instead of the name of a witness examined before the grand jury if:

(A)

The witness is also a victim of a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) alleged in the indictment;

(B)

A separate document containing the name of the witness and the corresponding pseudonym, initials or other signifier is filed with the clerk of the court at the same time as the indictment is filed; and

(C)

A copy of the document described in subparagraph (B) of this paragraph is provided to the defense attorney or, if the defendant does not have a lawyer, in accordance with paragraph (c) of this subsection, at the time of arraignment on the indictment.

(b)

The defense attorney may orally inform the defendant of the name of the witness contained in the document described in paragraph (a)(B) of this subsection but may not provide a copy of the document to the defendant.

(c)

If a defendant is not represented by a lawyer, the district attorney shall provide a copy of the document described in paragraph (a)(B) of this subsection to the defendant. At the time of providing the document, the court shall enter an order prohibiting the defendant from copying the document or providing the document to any other person.

(d)

The document described in paragraph (a)(B) of this subsection is confidential with respect to any person who is not a party to the case. At any time during the proceeding the court may, upon a finding of good cause, order that the document is not confidential. Once the final judgment on the case is entered, the document is no longer confidential.

(3)

A witness examined before the grand jury whose name is not indorsed on the indictment shall not be permitted to testify at trial without the consent of the defendant, unless the court finds that:

(a)

The name of the witness was omitted from the indictment by inadvertence;

(b)

The name of the witness was furnished to the defendant by the state at least 10 days before trial; and

(c)

The defendant will not be prejudiced by the omission. [Amended by 1973 c.836 §59; 1995 c.126 §2; 2003 c.645 §8; 2019 c.338 §2]

Source: Section 132.580 — Names of grand jury witnesses required on indictment; exception; effect of failure to include; procedure to remedy failure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html.

Notes of Decisions

When the first indictment was dismissed and a second found, this section does not require naming witnesses before the first grand jury. State v. Fennell, 7 Or App 256, 489 P2d 964 (1971), Sup Ct review denied

Hospital records are not reports and therefore need not be noted on indictment. State v. Gonzalez, 120 Or App 249, 852 P2d 851 (1993), Sup Ct review denied

132.010
Composition
132.020
Selection of grand juries
132.030
Challenge of juror prohibited
132.050
Foreman
132.060
Oath or affirmation of jurors
132.070
Charge of court
132.090
Presence of persons at sittings or deliberations of jury
132.100
Oath to witness before grand jury
132.110
When juror discharged
132.120
Jury service term
132.210
Immunity of jurors as to official conduct
132.220
Disclosure by juror of testimony of witness examined by jury
132.250
District attorney to ensure proceedings are recorded
132.260
Recording of testimony required
132.270
Release and use of recording, transcript, notes or report
132.310
Inquiry into crimes
132.320
Consideration of evidence
132.330
Submission of indictment by district attorney
132.340
Duties of district attorney for jury
132.350
Juror’s knowledge of an offense
132.360
Number of jurors required to concur
132.370
Presentment of facts to court for instruction as to law
132.380
Whom the grand jury may indict
132.390
When the grand jury may indict
132.400
Indorsement of indictment as “a true bill.”
132.410
Finding of indictment
132.420
Disclosure relative to indictment not subject to inspection
132.430
Finding against indictment
132.440
Inquiry into conditions in correctional and youth correction facilities
132.510
Forms of pleadings
132.540
Sufficiency of indictment
132.550
Contents of indictment
132.557
Indictment must contain subcategory facts under certain circumstances
132.560
Joinder of counts and charges
132.580
Names of grand jury witnesses required on indictment
132.586
Pleading domestic violence in accusatory instrument
132.990
Premature inspection or disclosure of contents of indictment
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