ORS 136.230
Peremptory challenges

(1)

If the trial is upon an accusatory instrument in which one or more of the crimes charged is punishable with imprisonment in a Department of Corrections institution for life or is a capital offense, both the defendant and the state are entitled to 12 peremptory challenges, and no more. In any trial before more than six jurors, both are entitled to six. In any trial before six jurors, both are entitled to three.

(2)

Peremptory challenges shall be taken in writing by secret ballot as follows:

(a)

The defendant may challenge two jurors and the state may challenge two, and so alternating, the defendant exercising two challenges and the state two until the peremptory challenges are exhausted.

(b)

After each challenge the panel shall be filled and the additional juror passed for cause before another peremptory challenge is exercised. Neither party shall be required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time.

(c)

The refusal to challenge by either party in order of alternation does not prevent the adverse party from exercising that adverse party’s full number of challenges, and such refusal on the part of a party to exercise a challenge in proper turn concludes that party as to the jurors once accepted by that party. If that party’s right of peremptory challenge is not exhausted, that party’s further challenges shall be confined, in that party’s proper turn, to such additional jurors as may be called.

(3)

Notwithstanding subsection (2) of this section, the defendant and the state may stipulate to taking peremptory challenges orally.

(4)

Peremptory challenges are subject to ORCP 57 D(4). [Amended by 1973 c.836 §233; 1977 c.63 §1; 1987 c.2 §7; 1987 c.320 §26; 1995 c.530 §2; 1997 c.801 §70]

Source: Section 136.230 — Peremptory challenges, https://www.­oregonlegislature.­gov/bills_laws/ors/ors136.­html.

Notes of Decisions

Where defendant requests examination of 1986 Victims’ Rights Bill and argues that right to fair trial is violated by combination of reduction in number of peremptory challenges and less than unanimous jury verdict but does not allege he was prejudiced in any way by actual procedures and record does not show he exercised any peremptory challenges or was convicted by less than unanimous verdict, arguments were abstract and court unable to address. State v. Moore, 97 Or App 265, 775 P2d 906 (1989)

Where prosecutor explained reliance on prospective juror’s demeanor and staff reports that reflected prospective juror’s past problems with circumstantial evidence and aggressiveness toward state, explanation for peremptory challenge was race-neutral. State v. Henderson, 315 Or 1, 843 P2d 859 (1992)

Law Review Citations

57 WLR 85 (2021)

136.001
Right to jury trial 136.005
Challenge to jury panel 136.010
When issue of fact arises 136.030
How issues are tried 136.040
When presence of defendant is necessary 136.050
Reasonable doubt as to degree of crime committed by defendant 136.060
Jointly charged defendants to be tried jointly 136.070
Postponement of trial 136.080
Deposition of witness as condition of postponement 136.090
Procedure for taking deposition 136.100
Filing and use of deposition 136.110
Commitment of defendant after release 136.120
Dismissal when prosecutor unready for trial 136.145
Setting of court dates when presence of victim required 136.210
Jury number 136.220
Challenge for implied bias 136.230
Peremptory challenges 136.240
Challenge of accepted juror 136.250
Taking of challenges 136.260
Selection of alternate jurors 136.270
Oath, conduct and attendance of alternate jurors at trial 136.280
Substitution of alternate for discharged juror 136.285
Priority in trial schedule for defendants in custody 136.290
Limit on custody of defendant prior to trial 136.295
Application of ORS 136.290 136.300
Time limit on appeals to circuit court 136.310
Function of court 136.320
Function of jury 136.325
Jury not to be informed of and not to consider punishment that may be imposed 136.330
Trial procedure 136.345
When attendance of woman officer is required 136.347
Appointment, duties and compensation of woman officer 136.415
Presumption of innocence 136.420
Testimony to be given orally in court 136.425
Confessions and admissions 136.427
Confessions 136.430
Civil laws of evidence in criminal trials 136.432
Limitation on court’s authority to exclude relevant evidence 136.433
Proving previous conviction 136.434
Challenge to validity of previous conviction 136.435
Admissibility of evidence from felony defendant not informed as required under ORS 135.070 136.437
Use of evidence in prosecution of prostitution offense 136.440
Testimony of accomplice 136.445
Motion for acquittal 136.447
Medical records 136.450
Number of jurors required for verdict 136.455
General verdict on plea of not guilty 136.460
Verdict where crime consists of degrees 136.465
Verdict where crime or attempt included within charge 136.470
Conviction or acquittal of one or more of several defendants 136.475
Verdict as to some of several defendants 136.480
Reconsideration of verdict when jury makes mistake as to law 136.485
Reconsideration of verdict which is not general verdict 136.490
Discharge of defendant upon acquittal 136.495
Proceedings after adverse general verdict 136.500
Motion in arrest of judgment 136.505
Effect of allowance of motion 136.515
Order when evidence shows guilt 136.525
Order when evidence is insufficient 136.535
New trial 136.555
Subpoena defined 136.557
Issuance of subpoena by magistrate for witnesses at preliminary examination 136.563
Issuance of subpoena by district attorney for witnesses before grand jury 136.565
Issuance of subpoena by district attorney for witnesses at trial 136.567
Issuance of subpoena for witnesses for defendant 136.570
Application for subpoenas for more than 10 witnesses 136.575
Forms of subpoenas 136.580
Subpoenas when books, papers or documents are required 136.583
Seizure or production of papers, documents or records from recipient 136.585
By whom subpoena is served 136.595
How subpoena is served 136.600
Certain civil procedures applicable in criminal context 136.602
Witness fees payable by county 136.603
Payment of witness who is from outside state or is indigent 136.608
Application procedure 136.611
Court action upon receipt of application 136.612
Hearing 136.614
Witness held in detention facility 136.616
Deposition to perpetuate testimony 136.617
Motion to compel witness who may be incriminated to testify 136.619
Immunity of witness compelled to testify 136.623
Definitions 136.625
Where witness material to proceeding in another state is in this state 136.627
Where witness material to proceeding in this state is in another state 136.633
Immunity of witness from arrest or service of process 136.635
Construction of ORS 136.623 to 136.637 136.637
Short title 136.643
Defendant as witness 136.645
Codefendant as witness 136.655
Spouse as witness 136.675
Conditions for use of testimony of persons subjected to hypnosis 136.685
Required explanations by law enforcement personnel to hypnosis subject 136.695
Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible 136.760
Definitions for ORS 136.765 to 136.785 136.765
Notice to defendant 136.770
Enhancement fact related to offense 136.773
Enhancement fact related to defendant 136.776
Effect of waiver of right to jury trial 136.780
Evidence 136.785
Burden of proof 136.790
Notice to defendant upon remand 136.792
Jury upon remand
Green check means up to date. Up to date

Current through early 2024

§ 136.230’s source at oregon​.gov