Title 10 · ORS Chapter 10

(1) and that the persons whose names are so selected be summoned as

Citation: ORS 10.215

Section: 10.215

10.215 (1) and that the persons whose names are so selected be summoned as provided in subsection (2) of this section.

�� (4) If there is an immediate need for additional jurors, a judge of the circuit court for the county may direct the clerk of court, sheriff or other officer to summon a sufficient number of eligible persons to meet that need. Those persons shall be summoned as directed by the judge. [1985 c.703 �15; 1995 c.781 �26; 2013 c.2 �5]

�� 10.240 [Amended by 1981 s.s. c.3 �49; repealed by 1985 c.703 �28]

�� 10.245 Determining eligibility of jurors; eligibility form; effect of false statements or failure to respond. (1) Before or at the time a person summoned to serve as a juror reports for jury service in a county, a judge of the circuit court for the county or clerk of court shall question the person as to the eligibility of the person to act as a juror under ORS 10.030. If a judge or clerk of court determines that a person so questioned is not eligible to act as a juror, the person shall be discharged.

�� (2) The presiding judge for the judicial district shall provide a method for a juror to complete a juror eligibility form and return the completed form to the clerk of court by a specified date. The form shall set forth the eligibility requirements prescribed in ORS 10.030.

�� (3) A person who knowingly makes a false statement of material fact in response to a question on a juror eligibility form may be punished for contempt.

�� (4) A completed juror eligibility form shall contain the summoned person�s signed declaration that the responses to questions on the form are true to the best of the person�s knowledge and an acknowledgment that a knowingly made false statement of material fact may be punished by a fine or imprisonment or both. Notarization of a completed form shall not be required.

�� (5) If a person summoned is unable to complete a juror eligibility form, another person may do it for the person summoned. Another person completing a form shall indicate on the form that the person did so and the reason therefor.

�� (6) If a person summoned fails to return a properly completed juror eligibility form as instructed, a judge of the circuit court may direct the person to appear forthwith and properly complete a form. If the person fails to appear as directed, a judge of the circuit court shall order the person to appear and show cause for that failure. If the person fails to appear pursuant to the order or appears and fails to show good cause, the person may be punished for contempt.

�� (7) Before or at the time a person summoned reports for jury service, a judge of the circuit court or clerk of court may question the person as to responses to questions on a completed jury eligibility form returned by the person and grounds for any ineligibility of the person to act as a juror. Any pertinent information so acquired shall be noted on the form.

�� (8) Review by a judge of the circuit court or clerk of court of a completed juror eligibility form returned by a person summoned satisfies the requirement prescribed in subsection (1) of this section that a person summoned be questioned. If a judge or clerk of court determines that a person is not eligible to act as a juror based on a completed form, the person shall be discharged. [1985 c.703 �16; 1995 c.781 �27; 2025 c.256 �15]

�� 10.250 [Amended by 1981 s.s. c.3 �50; repealed by 1985 c.703 �28]

�� 10.255 Record of persons summoned to serve as jurors. The clerk of court shall cause to be prepared a record on all persons summoned to serve as jurors for a jury service term in a county, specifying:

�� (1) Those who did not attend.

�� (2) Those who were discharged for ineligibility to act as jurors.

�� (3) Those who were discharged for any other reason.

�� (4) Those whose jury service was deferred and the term to which jury service of each was deferred.

�� (5) Those who attended and were not discharged or deferred.

�� (6) The per diem fees and mileage due to each entitled thereto. [1985 c.703 �17]

�� 10.260 [Repealed by 1985 c.703 �28]

�� 10.265 Preservation of jury orders, records and papers. After the end of a jury service term in a county, all orders, records and papers prepared in connection with the selection and summoning of persons to serve as jurors for the term as provided in ORS 10.235 to 10.255 shall be preserved by the clerk of court for the period established by the State Court Administrator under ORS 8.125. [1985 c.703 �18; 1995 c.244 �6]

�� 10.270 [Amended by 1967 c.532 �7; 1967 c.533 �17; repealed by 1985 c.703 �28]

�� 10.275 Jury challenges; request for access to confidential jury records; order allowing disclosure; exclusive procedure. (1) A person challenging a jury panel under ORS 136.005 or ORCP 57 A who seeks jury records that are confidential under ORS 10.215 must include a request for access to the confidential records in the motion challenging the jury panel. The motion and supporting affidavit must be served on the trial court administrator and the State Court Administrator. The request must:

�� (a) Specify the purpose for which the jury records are sought; and

�� (b) Identify with particularity the relevant jury records sought to be released including the type and time period of the records.

�� (2) The court may order release of the jury records if the court finds that:

�� (a) The jury records sought are likely to produce evidence relevant to the motion; and

�� (b) Production of the jury records is not unduly burdensome.

�� (3) An order under subsection (2) of this section may include, but need not be limited to:

�� (a) A requirement that the moving party provide advance payment to the trial court administrator and, if applicable, the State Court Administrator for the reasonable costs of providing copies of the jury records; and

�� (b) Restrictions on further disclosure of the jury records including, but not limited to:

�� (A) A requirement that the moving party return all originals and copies to the court at the conclusion of the proceeding;

�� (B) A requirement that the jury records may be used only for the purpose of supporting the jury panel challenge made in the motion;

�� (C) A prohibition against distributing the jury records to a person who is not an agent or representative of the moving party; and

�� (D) A prohibition against contacting or attempting to contact the persons whose names appear on the jury records without specific authorization of the court.

�� (4) The trial court administrator or the State Court Administrator may intervene at any time as a matter of right as to any issues relating to the release of jury records under this section.

�� (5) The procedure established by this section is the exclusive means for compelling production of confidential jury records as evidence relevant to a challenge to a jury panel under ORS 136.005 or ORCP 57 A. The procedure established by ORS 138.585 is the exclusive means for compelling production of confidential jury records as evidence in post-conviction relief proceedings under ORS 138.510 to 138.680. [2001 c.779 �16; 2011 c.308 �4]

�� 10.280 [Repealed by 1985 c.703 �28]

�� 10.290 [Amended by 1965 c.387 �2; repealed by 1975 c.342 �1]

�� 10.300 [Amended by 1963 c.519 �4; 1973 c.836 �314; repealed by 1985 c.703 �28]

�� 10.310 [Repealed by 1985 c.703 �28]

�� 10.320 [Amended by 1979 c.728 �4; 1981 s.s. c.3 �51; repealed by 1985 c.703 �28]

�� 10.330 [Amended by 1981 s.s. c.3 �52; repealed by 1985 c.703 �28]

�� 10.340 [Amended by 1963 c.519 �5; repealed by 1975 c.342 �1]

�� 10.350 [Repealed by 1975 c.342 �1]

�� 10.400 [1975 c.342 �3; 1977 c.631 �3; 1981 s.s. c.3 �53; repealed by 1985 c.703 �28]

�� 10.410 [1975 c.342 �4; 1977 c.631 �4; 1981 s.s. c.3 �54; repealed by 1985 c.703 �28]

�� 10.420 [1975 c.342 �5; 1977 c.631 �5; repealed by 1985 c.703 �28]

�� 10.430 [1975 c.342 �6; 1977 c.631 �6; 1981 s.s. c.3 �55; repealed by 1985 c.703 �28]

�� 10.440 [1975 c.342 �7; 1977 c.631 �7; 1981 s.s. c.3 �56; repealed by 1985 c.703 �28]

�� 10.450 [1975 c.342 �8; 1977 c.631 �8; 1981 s.s. c.3 �57; repealed by 1985 c.703 �28]

�� 10.460 [1975 c.342 �9; 1977 c.631 �9; 1981 s.s. c.3 �58; repealed by 1985 c.703 �28]

�� 10.470 [1975 c.342 �10; 1977 c.631 �10; repealed by 1985 c.703 �28]

�� 10.480 [1975 c.342 �11; 1977 c.631 �11; 1981 s.s. c.3 �59; repealed by 1985 c.703 �28]

�� 10.490 [1975 c.342 �12; repealed by 1981 s.s. c.3 �141]

JURY OF INQUEST

�� 10.810 Definition. A jury of inquest is a body of six persons, legally qualified to serve as jurors, summoned from the inhabitants of a particular district before the district attorney, sheriff or other ministerial officer, to inquire of particular facts. [Formerly 146.010; 1965 c.221 �9]

�� 10.820 Number of jurors required to concur. The verdict of a jury of inquest is sufficient if two-thirds of the jurors concur therein. [Formerly 146.020]

PENALTIES

�� 10.990 Penalties. (1) Violation of ORS 10.080 is a Class B violation.

�� (2) If a person summoned to serve as a juror in a circuit court fails to attend as required, the court shall order the person to appear forthwith and show cause for that failure. If the person fails to appear pursuant to the order or appears and fails to show good cause, the person may be punished for contempt.

�� (3) A juror summoned to a court who fails to give attention in court, or who leaves without permission while the court is in session or otherwise fails to complete required jury service without permission, may be punished for contempt of the court. [Amended by 1985 c.703 �19; 1999 c.1051 �144]

�� 10.992 [1975 c.160 �2; 1999 c.1051 �145; repealed by 2011 c.118 �5]

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