ORS Chapter 10
Chapter 10 — Juries
2009 EDITION
JURIES
COURTSOF RECORD; COURT OFFICERS; JURIES
GENERALPROVISIONS
10.010 Definitions
10.020 Kindsof juries
10.030 Eligibilityfor jury service; discrimination prohibited
10.050 Excusefrom jury duty
10.055 Defermentof jury service
10.061 Feespayable to jurors; required waiver
10.065 Mileagefee and reimbursement of other expenses
10.075 Paymentof per diem and mileage fees by state; payment of other expenses
10.080 Seekingor offering to procure place on jury or list of jurors and selection of jurorpursuant to request prohibited
10.090 Prohibitedacts by employers against jurors; notice to jurors; remedy for violations
10.095 Dutyof jury; instructions
10.100 Viewof premises by jury
10.105 Juryservice term
10.107 Implementationof “one day, one trial” jury service
10.115 Jurorswith disabilities
10.125 Securityfor jury sequestered or kept overnight
SELECTIONAND SUMMONING OF GRAND JURORS AND TRIAL JURORS IN CIRCUIT COURTS
10.205 Selectionand summoning of jurors; identification numbers
10.215 Masterjury list; sources; contents
10.225 Termjury list; contents; notice to persons whose names appear on list
10.235 Additionaljurors; selection; notice
10.245 Determiningeligibility of jurors; eligibility form; effect of false statements or failureto respond
10.255 Recordof persons summoned to serve as jurors
10.265 Preservationof jury orders, records and papers
10.275 Jurychallenges; request for access to confidential jury records; order allowingdisclosure; exclusive procedure
JURYOF INQUEST
10.810 Definition
10.820 Numberof jurors required to concur
PENALTIES
10.990 Penalties
10.992 Penaltyfor violation of ORS 10.090
GENERALPROVISIONS
10.010Definitions.As used in this chapter, unless the context requires otherwise:
(1)“Clerk of court” means the trial court administrator or any other nonjudicialofficer or employee of the circuit court for a county authorized by thepresiding judge for the judicial district.
(2)“Juror” means any juror or prospective juror.
(3)“Jury” means a body of persons temporarily selected from persons who live in aparticular county or district, and invested with power to present or indict inrespect to a crime or to try a question of fact. [Amended by 1985 c.703 §1;1995 c.658 §22; 1995 c.781 §21; 1997 c.801 §121]
10.020Kinds of juries.A jury is of three kinds:
(1)A grand jury.
(2)A trial jury.
(3)A jury of inquest.
10.030Eligibility for jury service; discrimination prohibited. (1) Except asotherwise specifically provided by statute, the opportunity for jury servicemay not be denied or limited on the basis of race, religion, sex, sexualorientation, national origin, age, income, occupation or any other factor thatdiscriminates against a cognizable group in this state.
(2)Any person is eligible to act as a juror in a civil trial unless the person:
(a)Is not a citizen of the United States;
(b)Does not live in the county in which summoned for jury service;
(c)Is less than 18 years of age; or
(d)Has had rights and privileges withdrawn and not restored under ORS 137.281.
(3)(a)Any person is eligible to act as a grand juror, or as a juror in a criminaltrial, unless the person:
(A)Is not a citizen of the United States;
(B)Does not live in the county in which summoned for jury service;
(C)Is less than 18 years of age;
(D)Has had rights and privileges withdrawn and not restored under ORS 137.281;
(E)Has been convicted of a felony or served a felony sentence within the 15 yearsimmediately preceding the date the person is required to report for juryservice; or
(F)Has been convicted of a misdemeanor involving violence or dishonesty, or hasserved a misdemeanor sentence based on a misdemeanor involving violence ordishonesty, within the five years immediately preceding the date the person isrequired to report for jury service.
(b)As used in this subsection:
(A)“Felony sentence” includes any incarceration, post-prison supervision, paroleor probation imposed upon conviction of a felony or served as a result ofconviction of a felony.
(B)“Has been convicted of a felony” has the meaning given that term in ORS166.270.
(C)“Misdemeanor sentence” includes any incarceration or probation imposed uponconviction of a misdemeanor or served as a result of conviction of amisdemeanor.
(4)A person who is blind, hard of hearing or speech impaired or who has a physicaldisability is not ineligible to act as a juror and may not be excluded from ajury list or jury service on the basis of blindness, hearing or speechimpairment or physical disability alone.
(5)A person is ineligible to act as a juror in any circuit court of this statewithin 24 months after being discharged from jury service in a federal court inthis state or circuit court of this state unless that person’s service as ajuror is required because of a need for additional jurors. [Amended by 1971c.630 §1; 1975 c.781 §4; 1977 c.262 §1; 1985 c.703 §2; 1989 c.224 §3; 1997c.313 §8; 1997 c.736 §1; 2007 c.70 §4; 2007 c.100 §13; 2009 c.484 §13]
10.040 [Amended by1961 c.454 §208; 1975 c.84 §1; repealed by 1979 c.728 §1]
10.050Excuse from jury duty. (1) A judge of the court or clerk of court shallexcuse a person from acting as a juror upon a showing of undue hardship or extremeinconvenience to the person, the person’s family, the person’s employer or thepublic served by the person. In applying this subsection the judge or clerk ofcourt shall carefully consider and weigh both the public need for juries whichare representative of the full community and the individual circumstancesoffered as a justification for excuse from jury service. A person may requestand be granted excuse from jury service under this subsection by means oftelephone communication or mail.
(2)Notwithstanding ORS 10.030 (4), a judge may, by own motion, excuse a jurorwhose presence on the jury would substantially impair the progress of theaction on trial or prejudice the parties thereto.
(3)A judge of the court or clerk of court shall excuse a person from acting as ajuror upon the request of that person if the person is 70 years of age orolder. A person may request and be granted excuse from jury service under thissubsection by means of telephone communication or mail.
(4)A judge of the court or clerk of court shall excuse a woman from acting as ajuror upon the request of the woman if the woman is breast-feeding a child. Arequest for excuse from jury service under this subsection must be made inwriting.
(5)Unless the public need for juries in the court outweighs the individualcircumstances of the person summoned, a judge of the court or clerk of courtshall excuse a person from acting as a juror upon the request of that person ifthe person is the sole caregiver for a child or other dependent during thecourt’s normal hours of operation, the person is unable to afford day care ormake other arrangements for the care of the dependent, and the personpersonally attends to the dependent during the court’s normal hours ofoperation. [Amended by 1967 c.389 §1; 1975 c.160 §3; 1977 c.262 §2; 1977 c.631 §2;1979 c.728 §2; 1985 c.703 §5; 1995 c.808 §1; 1997 c.313 §35; 1999 c.1085 §1]
10.055Deferment of jury service. A judge of the court or clerk of court may allow,for good cause shown, a person summoned to serve as a juror for a particularjury service term to defer jury service to any other term beginning within oneyear after the end of the term for which the person was summoned. The name of aperson allowed to defer jury service shall be included with the names ofpersons to be summoned as jurors for the subsequent term to which jury serviceis deferred. [1967 c.473 §2; 1969 c.176 §1; 1971 c.207 §1; 1975 c.342 §13; 1985c.703 §6]
10.060 [Amended by1955 c.296 §1; 1971 c.358 §1; 1981 c.509 §1; 1985 c.703 §7; repealed by 1999c.1085 §3 (10.061 enacted in lieu of 10.060)]
10.061Fees payable to jurors; required waiver. (1) The fee of jurors in courts otherthan circuit courts is $10 for each day that a juror is required to attend.
(2)(a)The fee of jurors for the first two days of required attendance in circuitcourt during a term of service is $10 for each day that a juror is required toattend.
(b)The fee of jurors for the third and subsequent days of required attendance incircuit court during a term of service is $25 for each day that a juror isrequired to attend.
(3)Unless otherwise provided by the terms of an employment agreement, a juror mustwaive the juror’s fee provided for in subsection (1), (2) or (4) of thissection if the juror is paid a wage or salary by the juror’s employer for thedays that the juror is required to attend a court, including a municipal orjustice court. The provisions of this subsection do not affect any claim ajuror may have for mileage reimbursement under ORS 10.065.
(4)In addition to the fees and mileage prescribed in subsection (1) of thissection and ORS 10.065 for service in a court other than a circuit court, thegoverning body of a city or county may provide by ordinance for an additionaljuror fee and for city or county reimbursement of jurors for mileage and otherexpenses incurred in serving as jurors in courts other than circuit courts. [1999c.1085 §4 (enacted in lieu of 10.060); 2001 c.761 §3; 2001 c.779 §13; 2002s.s.1 c.10 §3]
10.065Mileage fee and reimbursement of other expenses. (1) In additionto the fees prescribed in ORS 10.061, a juror who is required to travel fromthe juror’s usual place of abode in order to execute or perform service as ajuror in a court other than a circuit court shall be paid mileage at the rateof eight cents a mile for travel in going to and returning from the place wherethe service is performed.
(2)In addition to the fees prescribed in ORS 10.061, a juror who is required totravel from the juror’s usual place of abode in order to execute or performservice as a juror in a circuit court shall be paid mileage at the rate of 20cents a mile for travel in going to and returning from the place where theservice is performed. Mileage paid to a juror shall be based on the shortestpracticable route between the juror’s residence and the place where court isheld.
(3)In addition to the fees prescribed in ORS 10.061, the State Court Administratormay reimburse a juror who uses public transportation to travel from the juror’susual place of abode in order to execute or perform service as a juror in acircuit court, without regard to the distance traveled by the juror.
(4)In addition to the fees prescribed in ORS 10.061, a juror serving in circuitcourt may be paid for lodging expenses, dependent care expenses and otherreasonable expenses that arise by reason of jury service. Expenses under thissubsection may be paid only upon written request of the juror, made in suchform and containing such information as may be required by the State CourtAdministrator. The State Court Administrator shall establish policies andprocedures on eligibility, authorization and payment of expenses under thissubsection. Payment of expenses under this subsection is subject to availabilityof funds for the payment.
(5)A juror shall be paid the mileage and other expenses provided for in thissection for each day’s attendance at court.
(6)The State Court Administrator shall establish policies and procedures oneligibility, authorization and payment of mileage and expenses undersubsections (2) to (4) of this section. [1957 c.676 §1; 1971 c.358 §2; 1981c.509 §2; 1999 c.1085 §5; 2002 s.s.1 c.10 §4]
10.070 [Repealed by1957 c.676 §2]
10.075Payment of per diem and mileage fees by state; payment of other expenses. (1) The perdiem fees, mileage and expenses due to each juror in the circuit court shall bepaid by the state from funds available for the purpose. Payment shall be madeupon a certified statement, prepared by the clerk of court, showing the numberof days each juror has served and the amount due each juror for mileage andother expenses.
(2)If a jury in the circuit court is provided food, drink, lodging ortransportation by order of the circuit court, the cost thereof shall be paid bythe state from funds available for the purpose.
(3)Each circuit court shall offer each juror the opportunity to waive receipt ofthe per diem and mileage expenses otherwise payable to the juror for thepurpose of funding Judicial Department programs and activities identified bythe Chief Justice of the Supreme Court. All amounts waived by a juror under theprovisions of this subsection are continuously appropriated to the JudicialDepartment programs and activities that are identified by the Chief Justice forreceipt of the waived amounts, and may be used only for the purposes of thoseprograms and activities.
(4)This section does not apply to mileage and other expenses of jurors reimbursedby a county as provided in ORS 10.061 (4). [1981 s.s. c.3 §43; 1985 c.703 §8;1999 c.1085 §6]
10.077 [Formerly17.315; 1981 s.s. c.30 §60; repealed by
1985c.703 §28]
10.080Seeking or offering to procure place on jury or list of jurors and selection ofjuror pursuant to request prohibited. (1) A person may not ask or request anysheriff, constable or any other person, whose duty it is under the law toselect or summon any jury or juror, to select or put the person upon the jury.A person may not procure or offer to procure for the person or for another persona place upon any jury or seek to have the person or another placed upon thelist of jurors that is required by law to be made.
(2)A sheriff, constable or other person who has a duty under the law to select orsummon a jury may not select, summon or place upon any jury any person whom thesheriff, constable or other person has been asked or requested to select orsummon. [Amended by 2003 c.14 §12]
10.090Prohibited acts by employers against jurors; notice to jurors; remedy forviolations.(1) An employer shall not discharge or threaten to discharge, intimidate, orcoerce any employee by reason of the employee’s service or scheduled service asa juror on a grand jury, trial jury or jury of inquest.
(2)This section shall not be construed to alter or affect an employer’s policiesor agreements with employees concerning employees’ wages during times when anemployee serves or is scheduled to serve as a juror.
(3)When summoning jurors, the person whose duty it is under the law to summonshall notify each juror of the juror’s rights under this section.
(4)Upon complaint filed by a prospective juror or a juror who has served or uponpetition of the district attorney, the circuit court shall have jurisdiction toprevent and restrain violations of this section by issuing appropriate orders,including but not limited to, reinstatement of an employee discharged by reasonof service as a juror, with back pay for the time the employee was discharged. [1975c.160 §1; 1985 c.703 §11]
10.095Duty of jury; instructions. The jury, subject to the control of the court, inthe cases specified by statute, are the judges of the effect or value ofevidence addressed to them, except when it is thereby declared to beconclusive. They are, however, to be instructed by the court on all properoccasions:
(1)That their power of judging of the effect of evidence is not arbitrary, but tobe exercised with legal discretion, and in subordination to the rules ofevidence;
(2)That they are not bound to find in conformity with the declarations of anynumber of witnesses, which do not produce conviction in their minds, against aless number, or against a presumption or other evidence satisfying their minds;
(3)That a witness false in one part of the testimony of the witness is to bedistrusted in others;
(4)That the testimony of an accomplice ought to be viewed with distrust, and theoral admissions of a party with caution;
(5)That in civil cases the affirmative of the issue shall be proved, and when theevidence is contradictory, the finding shall be according to the preponderanceof evidence;
(6)That in criminal cases a person is innocent of a crime or wrong until theprosecution proves otherwise, and guilt shall be established beyond reasonabledoubt;
(7)That evidence is to be estimated, not only by its own intrinsic weight, butalso according to the evidence which it is in the power of one side to produceand of the other to contradict; and, therefore,
(8)That if weaker and less satisfactory evidence is offered when it appears thatstronger and more satisfactory was within the power of the party, the evidenceoffered should be viewed with distrust. [Formerly 17.250]
10.100View of premises by jury. Whenever, in the opinion of the court, it is properthat the jury should have a view of real property which is the subject of thelitigation, or of the place in which any material fact occurred, it may orderthe jury to be conducted in a body, in the custody of a proper officer, to theplace, which shall be shown to them by the judge or by a person appointed bythe court for that purpose. While the jury are thus absent, no person, otherthan the judge or person so appointed, shall speak to them on any subjectconnected with the trial. [Formerly 17.230]
10.105Jury service term.The length of a jury service term in a county shall be established by thepresiding judge for the judicial district, but no trial juror shall be requiredto serve more than 10 days unless necessary to complete the trial of an action.A day of service is each day during a jury service term on which a juror isrequired to attend and attends. [1985 c.703 §4; 1995 c.781 §22]
10.107Implementation of “one day, one trial” jury service. The ChiefJustice of the Supreme Court shall take all reasonable actions necessary toexpedite implementation of juror service procedures for circuit courts thatwill allow a person called for jury service to serve for one day, or for onetrial if selected to serve on a trial. [1999 c.1085 §10]
10.110 [Amended by1955 c.717 §1; 1957 c.393 §1; 1973 c.836 §312; 1981 s.s. c.3 §44; repealed by1985 c.703 §28]
10.115Jurors with disabilities. (1) As used in this section:
(a)“Assistive communication device” means any equipment designed to facilitatecommunication by a person with a disability.
(b)“Juror with a disability” means a person who is hard of hearing or speechimpaired, who is summoned to serve as a juror and whose name is drawn for grandjury or trial jury service.
(c)“Qualified interpreter” means a person who is readily able to communicate witha juror with a disability, accurately communicate the proceedings to the jurorand accurately repeat the statements of the juror.
(2)The court to which a juror with a disability is summoned, upon written requestby the juror and upon a finding by the court that the juror requires theservices of a qualified interpreter or the use of an assistive communicationdevice in examination of the juror as to the juror’s qualifications to act as ajuror or in performance by the juror of the functions of a juror, shall appointa qualified interpreter for the juror and shall fix the compensation andexpenses of the interpreter and shall provide an appropriate assistivecommunication device if needed. The compensation and expenses of an interpreterso appointed and the cost of any assistive communication device shall be paidby the public authority required to pay the fees due to the juror.
(3)An oath or affirmation shall be administered to a qualified interpreterappointed for a juror with a disability, in substance that the interpreter willaccurately communicate the proceedings to the juror and accurately repeat thestatements of the juror.
(4)A qualified interpreter appointed for a juror with a disability, or a personoperating an assistive communication device for a juror with a disability,shall be present during deliberations by the jury on which the juror serves. Aninterpreter or person operating an assistive communi