Criminal Trials

ORS 136.260
Selection of alternate jurors

  • peremptory challenges

(1)(a) In the trial of a person charged with a crime, the court may in its discretion direct the calling of additional jurors, to be known as “alternate jurors.” The court may call:

(A)

One to six additional jurors if the person is charged with a felony; and

(B)

One to three additional jurors if the person is charged with a misdemeanor.

(b)

Jurors called under paragraph (a) of this subsection:

(A)

Must be drawn from the same source and in the same manner and must have the same qualifications as other jurors in the case.

(B)

Are subject to the same examination and may be challenged in the same manner as other jurors.

(c)

In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which the jurors shall serve as alternates must be excluded from the names from which the drawing is made.

(2)

Each side is entitled to the following peremptory challenges in addition to those otherwise allowed by statute:

(a)

If one or two alternate jurors are to be impaneled, each side is entitled to one peremptory challenge.

(b)

If three or four alternate jurors are to be impaneled, each side is entitled to two peremptory challenges.

(c)

If five or six alternate jurors are to be impaneled, each side is entitled to three peremptory challenges.

(3)

The court has discretion to decide:

(a)

When and in what manner the alternate jurors are selected;

(b)

When and in what manner the additional peremptory challenges described in subsection (2) of this section may be used; and

(c)

When and in what manner the alternate jurors are informed of their status as alternate jurors. [Amended by 1991 c.725 §1; 2003 c.358 §1; 2017 c.359 §1]
Source

Last accessed
Mar. 11, 2023

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