2021 Oregon Revised Statutes
Chapter 136 - Criminal Trials
Section 136.260 - Selection of alternate jurors; peremptory challenges.


(A) One to six additional jurors if the person is charged with a felony; and
(B) One to three additional jurors if the person is charged with a misdemeanor.
(b) Jurors called under paragraph (a) of this subsection:
(A) Must be drawn from the same source and in the same manner and must have the same qualifications as other jurors in the case.
(B) Are subject to the same examination and may be challenged in the same manner as other jurors.
(c) In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which the jurors shall serve as alternates must be excluded from the names from which the drawing is made.
(2) Each side is entitled to the following peremptory challenges in addition to those otherwise allowed by statute:
(a) If one or two alternate jurors are to be impaneled, each side is entitled to one peremptory challenge.
(b) If three or four alternate jurors are to be impaneled, each side is entitled to two peremptory challenges.
(c) If five or six alternate jurors are to be impaneled, each side is entitled to three peremptory challenges.
(3) The court has discretion to decide:
(a) When and in what manner the alternate jurors are selected;
(b) When and in what manner the additional peremptory challenges described in subsection (2) of this section may be used; and
(c) When and in what manner the alternate jurors are informed of their status as alternate jurors. [Amended by 1991 c.725 §1; 2003 c.358 §1; 2017 c.359 §1]

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.