2021 Oregon Revised Statutes
Chapter 010 - Juries
Section 10.095 - Duty of jury; instructions.


(1) That their power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion, and in subordination to the rules of evidence;
(2) That they are not bound to find in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less 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 may be distrusted in others;
(4) That the testimony of an accomplice ought to be viewed with distrust, and the oral admissions of a party with caution;
(5) That in civil cases the affirmative of the issue shall be proved, and when the evidence is contradictory, the finding shall be according to the preponderance of evidence;
(6) That in criminal cases a person is innocent of a crime or wrong until the prosecution proves otherwise, and guilt shall be established beyond reasonable doubt;
(7) That evidence is to be estimated, not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce and of the other to contradict; and, therefore,
(8) That if weaker and less satisfactory evidence is offered when it appears that stronger and more satisfactory was within the power of the party, the evidence offered should be viewed with distrust. [Formerly 17.250; 2013 c.25 ยง1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 01 - Courts, Oregon Rules of Civil Procedure

Chapter 010 - Juries

Section 10.010 - Definitions.

Section 10.020 - Kinds of juries.

Section 10.025 - Rules for use of electronic transmission and electronic signature on documents.

Section 10.030 - Eligibility for jury service; discrimination prohibited.

Section 10.050 - Excuse from jury duty.

Section 10.055 - Deferment of jury service.

Section 10.061 - Fees payable to jurors; required waiver.

Section 10.065 - Mileage fee and reimbursement of other expenses.

Section 10.075 - Payment of per diem and mileage fees by state; payment of other expenses.

Section 10.080 - Seeking or offering to procure place on jury or list of jurors and selection of juror pursuant to request prohibited.

Section 10.090 - Prohibited acts by employers against jurors; notice to jurors; remedy for violations.

Section 10.092 - Insurance coverage for employee during jury service; unlawful employment practice.

Section 10.095 - Duty of jury; instructions.

Section 10.097 - Prohibition of identification of jurors by name in open proceedings.

Section 10.115 - Jurors with disabilities.

Section 10.205 - Selection and summoning of jurors; identification numbers.

Section 10.215 - Master jury list; sources; contents.

Section 10.235 - Additional jurors; selection; notice.

Section 10.245 - Determining eligibility of jurors; eligibility form; effect of false statements or failure to respond.

Section 10.255 - Record of persons summoned to serve as jurors.

Section 10.275 - Jury challenges; request for access to confidential jury records; order allowing disclosure; exclusive procedure.

Section 10.990 - Penalties.