2007 Oregon Code - Chapter 54 :: Chapter 54 - Juries
Chapter 54 — Juries
2007 EDITION
JURIES
JUSTICE COURTS
54.010Â Â Â Â Â Â Trial
jury defined
54.020Â Â Â Â Â Â Jury
not selected from jury list
54.030Â Â Â Â Â Â Service
and return of order; persons to be summoned
54.040Â Â Â Â Â Â Insufficient
number of jurors; summoning others; challenges
54.050Â Â Â Â Â Â Qualifications
of jurors
54.060Â Â Â Â Â Â Making
of jury lists
54.070Â Â Â Â Â Â Number
of names on list; certifying and filing list
54.090Â Â Â Â Â Â Justice
not in office or present when list was made must procure and file copy thereof
54.100Â Â Â Â Â Â Drawing
jury list; jury box; depositing ballots
54.110Â Â Â Â Â Â Selection
of jury from jury list
54.120Â Â Â Â Â Â Manner
of drawing jury panel; making and signing list of names for panel
54.130Â Â Â Â Â Â Names
drawn which are not entered on list of panel
54.140Â Â Â Â Â Â Selection
of jury by striking names from the panel
54.150Â Â Â Â Â Â Order
for jury selected from jury list; manner of summoning and forming jury;
challenges
54.160Â Â Â Â Â Â Punishment
of jurors
     54.010
Trial jury defined. A trial
jury is a body of persons, six in number in the justice courts, sworn to try
and determine a question of fact and drawn according to the mode provided for
in this chapter.
     54.020
Jury not selected from jury list. When a jury has been demanded by a party to an action in the justice
court, and neither party requires that the jury be drawn from the jury list,
the justice must make an order in writing, directed to the sheriff of the
county, or to any constable of the district or to any marshal or police officer
authorized to act as constable therein, commanding the sheriff, constable,
marshal or police officer to summon six persons to serve as jurors in the
action between the parties, naming the parties, at a time and place to be named
in the order. The order shall require the jurors to appear before the justice
forthwith, or at some future time to which the trial of the issue may be
postponed. [Amended by 1991 c.67 §9]
     54.030
Service and return of order; persons to be summoned. The officer serving the order for a jury
must do so impartially by selecting only such persons as the officer knows, or
has good reason to believe, are qualified according to law to serve as jurors
in the court to which they are summoned and in the particular action for which
they are selected. The officer must serve the order, by giving notice to each
person selected of the time and place the person is required to appear and for
what purpose, and return the same, according to the direction therein, with the
names of the persons summoned, verified by the certificate of the officer.
     54.040
Insufficient number of jurors; summoning others; challenges. If a sufficient number of jurors does not
appear at the time and place required, or if any of those appearing are
peremptorily challenged, or upon a challenge for cause are found disqualified,
the justice must order the proper officer to summon a sufficient number of
other qualified persons until the jury is complete. Each party is entitled to
three peremptory challenges, and no more.
     54.050
Qualifications of jurors. A
person competent to act as a juror in a justice court, in addition to the
qualifications prescribed in ORS 10.030, must be an inhabitant of the district
in which the court is being held at the time the person is summoned, and must
have been an inhabitant of that district for three months next preceding such
time. [Amended by 1983 c.673 §13]
     54.060
Making of jury lists. (1)
The justice of the peace in each district shall, in January of each year, or in
case of an omission or neglect so to do then as soon as possible thereafter,
make a jury list for the district.
     (2) A preliminary jury list shall be made
by selecting names of inhabitants of the district by lot from the latest jury
list sources. The jury list sources are the elector registration list for the
district, copies of the Department of Transportation records for the county
referred to in ORS 802.260 (2) furnished to the justice at county expense by
the clerk of court, as defined in ORS 10.010, for the county and any other
source that the justice determines will furnish a fair cross section of the
inhabitants of the district.
     (3) Jury list sources may not contain and
the justice of the peace is not required to obtain information about
individuals who are participants in the Address Confidentiality Program under
ORS 192.820 to 192.868.
     (4) From the preliminary jury list the
names of those persons known not to be qualified by law to serve as jurors
shall be deleted. The remaining names shall constitute the jury list. The
preliminary jury list and jury list may be made by means of electronic
equipment. [Amended by 1983 c.673 §14; 1987 c.681 §4; 2007 c.542 §15]
     54.070
Number of names on list; certifying and filing list. The jury list shall:
     (1) Contain the names of at least 50
persons, if there are that number of persons in the district who are qualified
as provided in ORS 54.050.
     (2) Contain the first name, the surname
and the place of residence of each person named therein.
     (3) Be certified by the justice of the
peace and placed on file in the office of the justice. [Amended by 1975 c.233 §1;
1983 c.673 §15]
     54.080 [Repealed by 1983 c.673 §26]
     54.090
Justice not in office or present when list was made must procure and file copy
thereof. A justice of the
peace not in office or attendance when a jury list is made must procure, and
file in the office of the justice of the peace, a certified copy thereof.
     54.100
Drawing jury list; jury box; depositing ballots. Unless juries are drawn and selected from
the jury list of the district by means of electronic equipment, the justice of
the peace shall keep in the office of the justice a jury box. After the jury
list is filed, the justice shall destroy all ballots remaining in the box and
shall prepare and deposit in such box separate ballots, containing the name and
place of residence of each person named in the list, and folded as nearly alike
as practicable so that the name cannot be seen. [Amended by 1983 c.673 §16]
     54.110
Selection of jury from jury list. When a jury is demanded in a justice court, instead of being selected
by the officers, as provided in ORS 54.020 to 54.040, the jury must be drawn
and selected from the jury list of the district, if either party requires it.
     54.120
Manner of drawing jury panel; making and signing list of names for panel. When a jury is to be selected from the jury
list of the district, the justice shall draw from the box in the presence of
the parties, or select by means of electronic equipment, 12 ballots or names,
or any greater number, if necessary, until the names of 12 persons, who are
deemed able to attend at the time and place required, are obtained. The justice
must make and sign a list of the 12 names thus drawn. [Amended by 1983 c.673 §17]
     54.130
Names drawn which are not entered on list of panel. If it appears to the justice that a person
whose name is drawn is dead or resides out of the district, the ballot must be
destroyed or the name deleted. If it appears to the justice, or the justice has
good reason to believe, that a person whose name is drawn is temporarily absent
from the district, or is unwell, or so engaged as to be unable to attend at the
time and place required without great inconvenience, the ballot or name must be
laid aside, without the name being entered on the list drawn, and returned to
the box or restored to the list from which selected by means of electronic
equipment when the drawing is completed. A person whose name is drawn is deemed
able to attend within the meaning of ORS 54.120, and the name of the person is
deemed to be entered on the list drawn, except as provided in this section. [Amended
by 1983 c.673 §18]
     54.140
Selection of jury by striking names from the panel. When the drawing is completed, from the 12
names drawn the parties must select a jury by each striking from the list three
names, alternately, commencing with the defendant. The remaining six must be
summoned as jurors in the action.
     54.150
Order for jury selected from jury list; manner of summoning and forming jury;
challenges. The names of the
six jurors so selected must be inserted in the order to summon a jury, and
thereafter the proceedings in the summoning and formation of the jury must be
conducted in the manner provided in ORS 54.020 to 54.040; but neither party is
entitled to a peremptory challenge as to any of the six jurors.
     54.160
Punishment of jurors. A
person duly summoned to attend a justice court as a juror may be punished by
the justice of the peace as provided for contempt of court if:
     (1) The person fails to attend the justice
court as required or fails to give a valid excuse for not attending;
     (2) The person fails to give attention to
matters before the jury;
     (3) The person leaves the court without
permission while the court is in session; or
     (4) The person without valid excuse
otherwise fails to complete required jury service. [Amended by 1999 c.605 §5]
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