ORS Chapter 54
Chapter 54 — Juries
2009 EDITION
JURIES
JUSTICECOURTS
54.010 Trialjury defined
54.020 Jurynot selected from jury list
54.030 Serviceand return of order; persons to be summoned
54.040 Insufficientnumber of jurors; summoning others; challenges
54.050 Qualificationsof jurors
54.060 Makingof jury lists
54.070 Numberof names on list; certifying and filing list
54.090 Justicenot in office or present when list was made must procure and file copy thereof
54.100 Drawingjury list; jury box; depositing ballots
54.110 Selectionof jury from jury list
54.120 Mannerof drawing jury panel; making and signing list of names for panel
54.130 Namesdrawn which are not entered on list of panel
54.140 Selectionof jury by striking names from the panel
54.150 Orderfor jury selected from jury list; manner of summoning and forming jury;challenges
54.160 Punishmentof jurors
54.010Trial jury defined.A trial jury is a body of persons, six in number in the justice courts, swornto try and determine a question of fact and drawn according to the modeprovided for in this chapter.
54.020Jury not selected from jury list. When a jury has been demanded by aparty to an action in the justice court, and neither party requires that thejury 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 orto any marshal or police officer authorized to act as constable therein,commanding the sheriff, constable, marshal or police officer to summon sixpersons to serve as jurors in the action between the parties, naming theparties, at a time and place to be named in the order. The order shall requirethe jurors to appear before the justice forthwith, or at some future time to whichthe trial of the issue may be postponed. [Amended by 1991 c.67 §9]
54.030Service and return of order; persons to be summoned. The officerserving the order for a jury must do so impartially by selecting only suchpersons as the officer knows, or has good reason to believe, are qualifiedaccording to law to serve as jurors in the court to which they are summoned andin the particular action for which they are selected. The officer must servethe order, by giving notice to each person selected of the time and place theperson 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.
54.040Insufficient number of jurors; summoning others; challenges. If a sufficientnumber of jurors does not appear at the time and place required, or if any ofthose appearing are peremptorily challenged, or upon a challenge for cause arefound disqualified, the justice must order the proper officer to summon asufficient number of other qualified persons until the jury is complete. Eachparty is entitled to three peremptory challenges, and no more.
54.050Qualifications of jurors. A person competent to act as a juror in a justicecourt, in addition to the qualifications prescribed in ORS 10.030, must be aninhabitant of the district in which the court is being held at the time theperson is summoned, and must have been an inhabitant of that district for threemonths next preceding such time. [Amended by 1983 c.673 §13]
54.060Making 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 possiblethereafter, make a jury list for the district.
(2)A preliminary jury list shall be made by selecting names of inhabitants of thedistrict by lot from the latest jury list sources. The jury list sources arethe elector registration list for the district, copies of the Department ofTransportation records for the county referred to in ORS 802.260 (2) furnishedto the justice at county expense by the clerk of court, as defined in ORS10.010, for the county and any other source that the justice determines willfurnish 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 requiredto obtain information about individuals who are participants in the AddressConfidentiality Program under ORS 192.820 to 192.868.
(4)From the preliminary jury list the names of those persons known not to bequalified by law to serve as jurors shall be deleted. The remaining names shallconstitute the jury list. The preliminary jury list and jury list may be madeby means of electronic equipment. [Amended by 1983 c.673 §14; 1987 c.681 §4;2007 c.542 §15]
54.070Number of names on list; certifying and filing list. The jury listshall:
(1)Contain the names of at least 50 persons, if there are that number of personsin 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 personnamed therein.
(3)Be certified by the justice of the peace and placed on file in the office ofthe justice. [Amended by 1975 c.233 §1; 1983 c.673 §15]
54.080 [Repealed by1983 c.673 §26]
54.090Justice not in office or present when list was made must procure and file copythereof.A justice of the peace not in office or attendance when a jury list is mademust procure, and file in the office of the justice of the peace, a certifiedcopy thereof.
54.100Drawing jury list; jury box; depositing ballots. Unless juriesare drawn and selected from the jury list of the district by means ofelectronic equipment, the justice of the peace shall keep in the office of thejustice a jury box. After the jury list is filed, the justice shall destroy allballots remaining in the box and shall prepare and deposit in such box separateballots, containing the name and place of residence of each person named in thelist, and folded as nearly alike as practicable so that the name cannot beseen. [Amended by 1983 c.673 §16]
54.110Selection of jury from jury list. When a jury is demanded in a justicecourt, instead of being selected by the officers, as provided in ORS 54.020 to54.040, the jury must be drawn and selected from the jury list of the district,if either party requires it.
54.120Manner of drawing jury panel; making and signing list of names for panel. When a jury isto be selected from the jury list of the district, the justice shall draw fromthe box in the presence of the parties, or select by means of electronicequipment, 12 ballots or names, or any greater number, if necessary, until thenames of 12 persons, who are deemed able to attend at the time and placerequired, are obtained. The justice must make and sign a list of the 12 namesthus drawn. [Amended by 1983 c.673 §17]
54.130Names drawn which are not entered on list of panel. If it appearsto the justice that a person whose name is drawn is dead or resides out of thedistrict, the ballot must be destroyed or the name deleted. If it appears tothe justice, or the justice has good reason to believe, that a person whosename is drawn is temporarily absent from the district, or is unwell, or soengaged as to be unable to attend at the time and place required without greatinconvenience, the ballot or name must be laid aside, without the name beingentered on the list drawn, and returned to the box or restored to the list fromwhich 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 ORS54.120, 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]
54.140Selection of jury by striking names from the panel. When thedrawing is completed, from the 12 names drawn the parties must select a jury byeach striking from the list three names, alternately, commencing with thedefendant. The remaining six must be summoned as jurors in the action.
54.150Order 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 summona jury, and thereafter the proceedings in the summoning and formation of thejury must be conducted in the manner provided in ORS 54.020 to 54.040; butneither party is entitled to a peremptory challenge as to any of the sixjurors.
54.160Punishment of jurors.A person duly summoned to attend a justice court as a juror may be punished bythe 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 avalid 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 juryservice. [Amended by 1999 c.605 §5]
_______________