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Section 136.001 - Right to jury trial; waiver. - (2) Both the defendant and the state may elect to...
Section 136.005 - Challenge to jury panel. - (2) A challenge to the panel shall be made before...
Section 136.040 - When presence of defendant is necessary. - (2) Notwithstanding the provisions of subsection (1) of this section,...
Section 136.060 - Jointly charged defendants to be tried jointly; exception. - (2) In ruling on a motion by a defendant for...
Section 136.120 - Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant. - (2) If the court dismisses the accusatory instrument under subsection...
Section 136.210 - Jury number; examination. - (2) In criminal cases in the circuit courts in which...
Section 136.220 - Challenge for implied bias. - (1) Consanguinity or affinity within the fourth degree to the...
Section 136.230 - Peremptory challenges. - (2) Peremptory challenges shall be taken in writing by secret...
Section 136.260 - Selection of alternate jurors; peremptory challenges. - (A) One to six additional jurors if the person is...
Section 136.280 - Substitution of alternate for discharged juror; retention and discharge of alternates. - (2) If, after the jury has begun deliberations, any juror...
Section 136.290 - Limit on custody of defendant prior to trial; release if limit exceeded. - (2) If a trial is not commenced within the period...
Section 136.295 - Application of ORS 136.290; when extensions granted. - (2)(a) If the defendant is extradited from another jurisdiction, the...
Section 136.325 - Jury not to be informed of and not to consider punishment that may be imposed. - Note: 136.325 was enacted into law by the Legislative Assembly...
Section 136.330 - Trial procedure; polling jurors in writing. - (2) ORCP 59 H applies to and regulates exceptions in...
Section 136.420 - Testimony to be given orally in court; exceptions. - (1) In the case of a witness whose testimony is...
Section 136.425 - Confessions and admissions; corroboration; defendant’s conduct in relation to declaration or act of another. - (2) Except as provided in ORS 136.427, a confession alone...
Section 136.427 - Confessions; corroboration not required; notice; hearing. - (a) The state files notice in accordance with subsection (3)...
Section 136.432 - Limitation on court’s authority to exclude relevant evidence. - (1) The United States Constitution or the Oregon Constitution; (2)...
Section 136.433 - Proving previous conviction; stipulation; presentation to jury. - (a) Be in writing; (b) Admit without qualification that the...
Section 136.434 - Challenge to validity of previous conviction. - (a) Identify the previous conviction that the defendant seeks to...
Section 136.437 - Use of evidence in prosecution of prostitution offense. - (2) The prohibition on the use of statements or other...
Section 136.440 - Testimony of accomplice; corroboration; "accomplice" defined. - (2) As used in this section, an "accomplice" means a...
Section 136.447 - Medical records. - Note: ORCP 55 was repealed and replaced by the Council...
Section 136.450 - Number of jurors required for verdict. - (2) A jury in a criminal action may render a...
Section 136.460 - Verdict where crime consists of degrees; lesser included offenses. - (2) The jury shall first consider the charged offense. Only...
Section 136.535 - New trial; application of ORCP 64 F to motion in arrest of judgment. - (2) The provisions of ORCP 64 F governing motions for...
Section 136.567 - Issuance of subpoena for witnesses for defendant; bar to dismissal. - (2) Any subpoena that a defendant in a criminal action...
Section 136.575 - Forms of subpoenas. - (1) By a magistrate: ______________________________________________________________________________ IN THE NAME OF THE...
Section 136.580 - Subpoenas when books, papers or documents are required. - (2) Upon the motion of the state or the defendant,...
Section 136.583 - Seizure or production of papers, documents or records from recipient; notice; authentication. - (a) The criminal matter is triable in Oregon under ORS...
Section 136.595 - How subpoena is served; proof of service; service on law enforcement agency. - (2)(a) Every law enforcement agency shall designate an individual or...
Section 136.600 - Certain civil procedures applicable in criminal context. - Note: ORCP 55 was repealed and replaced by the Council...
Section 136.602 - Witness fees payable by county; method of payment; defense witness fees payable by defendant. - (2) The per diem fees and mileage due to any...
Section 136.603 - Payment of witness who is from outside state or is indigent. - (b) Except as otherwise specifically provided by law, if a...
Section 136.608 - Application procedure. - (a) An indictment has been filed, and is pending, against...
Section 136.611 - Court action upon receipt of application. - (a) Enter an order directing the prospective witness to appear...
Section 136.612 - Hearing; security amount; vacation or modification of order. - (a) The applicant has the burden of proving by a...
Section 136.614 - Witness held in detention facility; payment. - Note: See note under 136.608.
Section 136.616 - Deposition to perpetuate testimony; procedure. - (2) At any time after the court enters a material...
Section 136.619 - Immunity of witness compelled to testify. - (2) Subsection (1) of this section shall not prevent the...
Section 136.623 - Definitions. - (2) The word "state" shall include any territory of the...
Section 136.625 - Where witness material to proceeding in another state is in this state. - (2) If at a hearing the judge determines that the...
Section 136.627 - Where witness material to proceeding in this state is in another state. - (2) If the witness is summoned to attend and testify...
Section 136.633 - Immunity of witness from arrest or service of process. - (2) If a person passes through this state while going...
Section 136.655 - Spouse as witness. - (2) There is no privilege under this section, or under...
Section 136.685 - Required explanations by law enforcement personnel to hypnosis subject; consent of subject required. - (a) The intended subject is free to refuse to be...
Section 136.760 - Definitions for ORS 136.765 to 136.785. - As used in ORS 136.765 to 136.785: (1) "Accusatory instrument"...
Section 136.765 - Notice to defendant. - (1) Pleading the enhancement fact in the accusatory instrument; or...
Section 136.770 - Enhancement fact related to offense. - (a) Defers trial of the enhancement fact under subsection (4)...
Section 136.773 - Enhancement fact related to defendant. - (a) Admits to the enhancement fact; or (b) Elects to...
Section 136.776 - Effect of waiver of right to jury trial. - Note: See note under 136.765.
Section 136.780 - Evidence. - Note: See note under 136.765.
Section 136.785 - Burden of proof; effect of finding. - (2) The state has the burden of proving an enhancement...
Section 136.790 - Notice to defendant upon remand. - Note: 136.790 was enacted into law by the Legislative Assembly...
Section 136.792 - Jury upon remand. - (2) ORS 136.785 (3) does not apply to a case...