Criminal Trials

ORS 136.250
Taking of challenges

  • number of challenges if two or more defendants

All peremptory challenges may be taken by the state or defendant, but when several defendants are tried together, the defendants are entitled to the number of challenges they would have had if each defendant had been tried separately. When two or more defendants are tried together, the state is entitled to the same total number of peremptory challenges as the sum of the peremptory challenges the defendants could have exercised. [Amended by 1973 c.836 §234; 1997 c.511 §2]

Notes of Decisions

Non-severability of peremptory challenge where “several defendants” are tried together applies only where number of defendants exceeds two. State v. Scott, 135 Or App 319, 899 P2d 697 (1995), Sup Ct review denied


Last accessed
Mar. 11, 2023