Criminal Trials

ORS 136.005
Challenge to jury panel

(1)

The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging facts that, if true, constitute a material departure from the requirements of the law governing the selection of jurors. The party making the motion shall serve the motion and supporting affidavit on the other party, the trial court administrator and the State Court Administrator.

(2)

A challenge to the panel shall be made before the voir dire examination of the jury.

(3)

If the court determines that there has been a material departure from the requirements of the law governing selection of jurors, the court shall:

(a)

Stay the proceedings pending the selection of a jury panel in conformity with the applicable provisions of law; and

(b)

Grant such other relief as may be appropriate.

(4)

The procedures prescribed by this section are the exclusive means by which a district attorney or defendant may challenge a jury panel. [1973 c.836 §222; 2001 c.779 §17]

Notes of Decisions

Party to criminal action may obtain source lists and jury lists for purposes of challenging jury panel notwithstanding ORS 10.215 limitation on use of lists. State ex rel Click v. Brownhill, 331 Or 500, 15 P3d 990 (2000)

Source

Last accessed
Mar. 11, 2023

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