2021 Oregon Revised Statutes
Chapter 136 - Criminal Trials
Section 136.230 - Peremptory challenges.


(2) Peremptory challenges shall be taken in writing by secret ballot as follows:
(a) The defendant may challenge two jurors and the state may challenge two, and so alternating, the defendant exercising two challenges and the state two until the peremptory challenges are exhausted.
(b) After each challenge the panel shall be filled and the additional juror passed for cause before another peremptory challenge is exercised. Neither party shall be required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time.
(c) The refusal to challenge by either party in order of alternation does not prevent the adverse party from exercising that adverse party’s full number of challenges, and such refusal on the part of a party to exercise a challenge in proper turn concludes that party as to the jurors once accepted by that party. If that party’s right of peremptory challenge is not exhausted, that party’s further challenges shall be confined, in that party’s proper turn, to such additional jurors as may be called.
(3) Notwithstanding subsection (2) of this section, the defendant and the state may stipulate to taking peremptory challenges orally.
(4) Peremptory challenges are subject to ORCP 57 D(4). [Amended by 1973 c.836 §233; 1977 c.63 §1; 1987 c.2 §7; 1987 c.320 §26; 1995 c.530 §2; 1997 c.801 §70]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 04 - Criminal Procedure, Crimes

Chapter 136 - Criminal Trials

Section 136.001 - Right to jury trial; waiver.

Section 136.005 - Challenge to jury panel.

Section 136.040 - When presence of defendant is necessary.

Section 136.060 - Jointly charged defendants to be tried jointly; exception.

Section 136.120 - Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant.

Section 136.210 - Jury number; examination.

Section 136.220 - Challenge for implied bias.

Section 136.230 - Peremptory challenges.

Section 136.260 - Selection of alternate jurors; peremptory challenges.

Section 136.280 - Substitution of alternate for discharged juror; retention and discharge of alternates.

Section 136.290 - Limit on custody of defendant prior to trial; release if limit exceeded.

Section 136.295 - Application of ORS 136.290; when extensions granted.

Section 136.325 - Jury not to be informed of and not to consider punishment that may be imposed.

Section 136.330 - Trial procedure; polling jurors in writing.

Section 136.420 - Testimony to be given orally in court; exceptions.

Section 136.425 - Confessions and admissions; corroboration; defendant’s conduct in relation to declaration or act of another.

Section 136.427 - Confessions; corroboration not required; notice; hearing.

Section 136.432 - Limitation on court’s authority to exclude relevant evidence.

Section 136.433 - Proving previous conviction; stipulation; presentation to jury.

Section 136.434 - Challenge to validity of previous conviction.

Section 136.437 - Use of evidence in prosecution of prostitution offense.

Section 136.440 - Testimony of accomplice; corroboration; "accomplice" defined.

Section 136.447 - Medical records.

Section 136.450 - Number of jurors required for verdict.

Section 136.460 - Verdict where crime consists of degrees; lesser included offenses.

Section 136.535 - New trial; application of ORCP 64 F to motion in arrest of judgment.

Section 136.567 - Issuance of subpoena for witnesses for defendant; bar to dismissal.

Section 136.575 - Forms of subpoenas.

Section 136.580 - Subpoenas when books, papers or documents are required.

Section 136.583 - Seizure or production of papers, documents or records from recipient; notice; authentication.

Section 136.595 - How subpoena is served; proof of service; service on law enforcement agency.

Section 136.600 - Certain civil procedures applicable in criminal context.

Section 136.602 - Witness fees payable by county; method of payment; defense witness fees payable by defendant.

Section 136.603 - Payment of witness who is from outside state or is indigent.

Section 136.608 - Application procedure.

Section 136.611 - Court action upon receipt of application.

Section 136.612 - Hearing; security amount; vacation or modification of order.

Section 136.614 - Witness held in detention facility; payment.

Section 136.616 - Deposition to perpetuate testimony; procedure.

Section 136.619 - Immunity of witness compelled to testify.

Section 136.623 - Definitions.

Section 136.625 - Where witness material to proceeding in another state is in this state.

Section 136.627 - Where witness material to proceeding in this state is in another state.

Section 136.633 - Immunity of witness from arrest or service of process.

Section 136.655 - Spouse as witness.

Section 136.685 - Required explanations by law enforcement personnel to hypnosis subject; consent of subject required.

Section 136.760 - Definitions for ORS 136.765 to 136.785.

Section 136.765 - Notice to defendant.

Section 136.770 - Enhancement fact related to offense.

Section 136.773 - Enhancement fact related to defendant.

Section 136.776 - Effect of waiver of right to jury trial.

Section 136.780 - Evidence.

Section 136.785 - Burden of proof; effect of finding.

Section 136.790 - Notice to defendant upon remand.

Section 136.792 - Jury upon remand.