Grand Jury, Indictments and Other Accusatory Instruments

ORS 132.410
Finding of indictment

  • filing
  • inspection


An indictment, when found and indorsed, as provided in ORS 132.400 (Indorsement of indictment as “a true bill”) and 132.580 (Names of grand jury witnesses required on indictment), shall be filed with the clerk of the court, in whose office it shall remain as a public record. Upon being designated by the district attorney as confidential and until after the arrest of a defendant who has not been held to answer the charge, the indictment or any order or process in relation thereto shall not be inspected by any person other than the judge, the clerk of the court, the district attorney or a peace officer in the discharge of a duty concerning the indictment, order or process. [Amended by 1973 c.836 §52; 1999 c.967 §2]
Chapter 132

Notes of Decisions

A circuit court has no authority to order the wholesale recordation and preservation of grand jury testimony under either statutory or common law. State ex rel Johnson v. Roth, 276 Or 883, 557 P2d 230 (1976)

Where defendant was found in contempt for failure to comply with grand jury subpoena, circuit court had no authority to examine grand jury testimony or discuss its content for the sole purpose of determining the sentence to impose. State v. Applegate, 41 Or App 287, 597 P2d 1290 (1979), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021