There Is a Newer Version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 136
- 136.001 Right to jury trial; waiver.
- 136.005 Challenge to jury panel.
- 136.010 When issue of fact arises.
- 136.020 [Repealed by 1973 c.836 358]
- 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; exception.
- 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.
- 136.130 Effect of dismissal on subsequent prosecution for same crime.
- 136.140 Proceedings after judgment of acquittal.
- 136.145 Setting of court dates when presence of victim required.
- 136.150 [Amended by 1963 c.503 1; repealed by 1971 c.743 432]
- 136.160 [Amended by 1965 c.551 1; repealed by 1971 c.743 432] SELECTION OF JURY
- 136.210 Jury number; examination.
- 136.220 Challenge for implied bias.
- 136.230 Peremptory challenges.
- 136.240 Challenge of accepted juror.
- 136.250 Taking of challenges; number of challenges if two or more defendants.
- 136.260 Selection of alternate jurors; peremptory challenges.
- 136.270 Oath, conduct and attendance of alternate jurors at trial.
- 136.280 Substitution of alternate for dismissed juror; dismissal of alternates.
- 136.285 Priority in trial schedule for defendants in custody.
- 136.290 Limit on custody of defendant prior to trial; release if limit exceeded.
- 136.295 Application of ORS 136.290.
- 136.300 Time limit on appeals to circuit court.
- 136.310 Function of court; effect of judicial notice of a fact.
- 136.320 Function of jury; jury to receive law as laid down by court.
- 136.325 Jury not to be informed of and not to consider punishment that may be imposed.
- Note: 136.325 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.330 Trial procedure; polling jurors in writing.
- 136.340 [Repealed by 1973 c.836 358]
- 136.345 When attendance of woman officer is required.
- 136.347 Appointment, duties and compensation of woman officer.
- 136.350 [Repealed by 1973 c.836 358]
- 136.360 [Repealed by 1961 c.288 2]
- 136.370 [Repealed by 1961 c.288 2]
- 136.380 [Repealed by 1961 c.288 2]
- 136.390 [Amended by 1957 c.380 1; repealed by 1971 c.743 432]
- 136.400 [Repealed by 1971 c.743 432]
- 136.410 [Repealed by 1971 c.743 432] EVIDENCE
- 136.415 Presumption of innocence; acquittal in case of reasonable doubt.
- 136.420 Testimony to be given orally in court; exceptions.
- 136.425 Confessions and admissions; corroboration; defendant s conduct in relation to declaration or act of another.
- 136.427 Confessions; corroboration not required; notice; hearing.
- Note: 136.427 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.430 Civil laws of evidence in criminal trials; exceptions.
- 136.432 Limitation on court s authority to exclude relevant evidence.
- Note: 136.432 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.433 Proving previous conviction; stipulation; presentation to jury.
- Note: 136.433 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.434 Challenge to validity of previous conviction.
- Note: 136.434 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.435 Admissibility of evidence from felony defendant not informed as required under ORS 135.070.
- 136.440 Testimony of accomplice; corroboration; accomplice defined.
- 136.445 Motion for acquittal; standard for granting motion; effect.
- 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; retrial of others.
- 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; exception.
- 136.495 Proceedings after adverse general verdict.
- 136.500 Motion in arrest of judgment; basis and time for making.
- 136.505 Effect of allowance of motion.
- 136.510 [Amended by 1973 c.836 237; renumbered 136.430]
- 136.515 Order when evidence shows guilt; new accusatory instrument.
- 136.520 [Renumbered 136.415]
- 136.525 Order when evidence is insufficient; acquittal.
- 136.530 [Renumbered 136.420]
- 136.535 New trial; application of ORCP 64 F to motion in arrest of judgment.
- 136.540 [Amended by 1957 c.567 1; renumbered 136.425]
- 136.545 [1963 c.511 2; 1973 c.836 238; renumbered 136.435]
- 136.550 [Amended by 1973 c.836 239; renumbered 136.440] WITNESSES (Generally)
- 136.555 Subpoena defined.
- 136.557 Issuance of subpoena by magistrate for witnesses at preliminary examination.
- 136.560 [Amended by 1957 c.551 1; 1959 c.302 1; repealed by 1971 c.743 432]
- 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; bar to dismissal.
- 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; notice; authentication.
- Note: 136.583 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.585 By whom subpoena is served.
- 136.595 How subpoena is served; proof of service; service on law enforcement agency.
- Note: The amendments to 136.595 by section 72, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the user s convenience.
- 136.595. (1) Except as provided in ORS 136.447 and 136.583 and subsection (2) of this section, a subpoena is served by delivering a copy to the witness personally. If the witness is under 14 years of age, the subpoena may be served by delivering a copy to the witness or to the witness s parent, guardian or guardian ad litem. Proof of the service is made in the same manner as in the service of a summons. (2)(a) Every law enforcement agency shall designate an individual or individuals upon whom service of subpoena may be made. At least one of the designated individuals shall be available during normal business hours. In the absence of the designated individuals, service of subpoena pursuant to paragraph (b) of this subsection may be made upon the officer in charge of the law enforcement agency. (b) If a peace officer s attendance at trial is required as a result of employment as a peace officer, a subpoena may be served on such officer by delivering a copy personally to the officer or to one of the individuals designated by the agency that employs the officer. A subpoena may be served by delivery to one of the individuals designated by the agency that employs the officer only if the subpoena is delivered at least 10 days before the date the officer s attendance is required, the officer is currently employed as a peace officer by the agency, and the officer is present within the state at the time of service. (c) When a subpoena has been served as provided in paragraph (b) of this subsection, the law enforcement agency shall make a good faith effort to actually notify the officer whose attendance is sought of the date, time and location of the court appearance. If the officer cannot be notified, the law enforcement agency shall contact the court and a continuance may be granted to allow the officer to be personally served. (d) As used in this subsection, law enforcement agency means the Oregon State Police, a county sheriff s department, a municipal police department or a police department established by a university under ORS 352.383. (3) When a subpoena has been served as provided in ORS 136.583 or subsection (1) or (2) of this section and, subsequent to service, the date on, or the time at, which the person subpoenaed is to appear has changed, a new subpoena is not required to be served if: (a) The subpoena is continued orally in open court in the presence of the person subpoenaed; or (b) The party who issued the original subpoena notifies the person subpoenaed of the change by first class mail and by: (A) Certified or registered mail, return receipt requested; or (B) Express mail.
- 136.600 Certain civil procedures applicable in criminal context.
- 136.602 Witness fees payable by county; method of payment; defense witness fees payable by defendant.
- 136.603 Payment of witness who is from outside state or is indigent.
- 136.605 [1957 c.576 1; 1973 c.836 240; renumbered 136.445]
- 136.607 [Formerly 139.150; 1977 c.746 9; repealed by 1995 c.657 18] (Material Witness Order)
- 136.608 Application procedure.
- Note: 136.608 to 136.614 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.609 [Formerly 139.160; 1977 c.746 10; repealed by 1995 c.657 18]
- 136.610 [Amended by 1973 c.836 241; renumbered 136.450]
- 136.611 Court action upon receipt of application.
- Note: See note under 136.608.
- 136.612 Hearing; security amount; vacation or modification of order.
- Note: See note under 136.608.
- 136.613 [Formerly 139.170; 1977 c.746 11; repealed by 1995 c.657 18]
- 136.614 Witness held in detention facility; payment.
- Note: See note under 136.608.
- 136.615 [Formerly 139.180; repealed by 1995 c.657 18] (Compelling Witnesses)
- 136.617 Motion to compel witness who may be incriminated to testify.
- 136.619 Immunity of witness compelled to testify.
- 136.620 [Amended by 1973 c.836 242; renumbered 136.455] (Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings)
- 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.
- 136.630 [Repealed by 1973 c.836 358]
- 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.
- 136.640 [Repealed by 1973 c.836 358] (Competency)
- 136.643 Defendant as witness.
- 136.645 Codefendant as witness.
- 136.650 [Amended by 1973 c.836 243; renumbered 136.460]
- 136.655 Husband or wife as witness.
- 136.660 [Amended by 1973 c.836 244; renumbered 136.465]
- 136.670 [Amended by 1973 c.836 245; renumbered 136.470] (Hypnotized Witnesses)
- 136.675 Conditions for use of testimony of persons subjected to hypnosis.
- 136.680 [Amended by 1973 c.836 246; renumbered 136.475]
- 136.685 Required explanations by law enforcement personnel to hypnosis subject; consent of subject required.
- 136.690 [Renumbered 136.480]
- 136.695 Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible.
- 136.700 [Amended by 1973 c.836 247; renumbered 136.485]
- 136.710 [Amended by 1973 c.836 248; renumbered 136.490]
- 136.720 [Amended by 1973 c.836 249; renumbered 136.495]
- 136.730 [Repealed by 1971 c.743 432]
- 136.750 [1993 c.379 1; renumbered 153.805 in 1995]
- 136.753 [1993 c.379 2; renumbered 153.808 in 1995]
- 136.756 [1993 c.379 3; renumbered 153.810 in 1995] PROCEDURE TO RELY ON ENHANCEMENT FACT AT SENTENCING
- 136.760 Definitions for ORS 136.765 to 136.785.
- Note: 136.760 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.765 Notice to defendant.
- Note: 136.765 to 136.785 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.770 Enhancement fact related to offense.
- Note: See note under 136.765.
- 136.773 Enhancement fact related to defendant.
- Note: See note under 136.765.
- 136.776 Effect of waiver of right to jury trial.
- Note: See note under 136.765.
- 136.780 Evidence.
- Note: See note under 136.765.
- 136.785 Burden of proof; effect of finding.
- Note: See note under 136.765.
- 136.790 Notice to defendant upon remand.
- Note: 136.790 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.792 Jury upon remand.
- Note: 136.792 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 136.810 [Amended by 1973 c.836 250; renumbered 136.500]
- 136.820 [Renumbered 136.505]
- 136.830 [Amended by 1973 c.836 251; renumbered 136.515]
- 136.840 [Amended by 1973 c.836 252; renumbered 136.525]
- 136.850 [Repealed by 1971 c.565 17 (136.851 enacted in lieu of 136.850)]
- 136.851 [1971 c.565 18 (136.851 enacted in lieu of 136.850); 1973 c.836 253; renumbered 136.535] _______________
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