10.990������ Penalties GENERAL PROVISIONS ����� 10.010 Definitions. As used in this chapter, unless the context requires otherwise: ����� (1) �Clerk of court� means the trial court administra

10.990������ Penalties

GENERAL PROVISIONS

����� 10.010 Definitions. As used in this chapter, unless the context requires otherwise:

����� (1) �Clerk of court� means the trial court administrator or any other nonjudicial officer or employee of the circuit court for a county authorized by the presiding judge for the judicial district.

����� (2) �Juror� means any juror or prospective juror.

����� (3) �Jury� means a body of persons temporarily selected from persons who live in a particular county or district, and invested with power to present or indict in respect to a crime or to try a question of fact. [Amended by 1985 c.703 �1; 1995 c.658 �22; 1995 c.781 �21; 1997 c.801 �121]

����� 10.020 Kinds of juries. A jury is of three kinds:

����� (1) A grand jury.

����� (2) A trial jury.

����� (3) A jury of inquest.

����� 10.025 Rules for use of electronic transmission and electronic signature on documents. (1) The Chief Justice of the Supreme Court may make rules for the use of electronic transmission and electronic signature on documents transmitted to or from a circuit court under this chapter.

����� (2) ORS 84.072 does not apply to rules adopted under this section. [2013 c.2 �2]

����� 10.030 Eligibility for jury service; discrimination prohibited. (1) Except as otherwise specifically provided by statute, the opportunity for jury service may not be denied or limited on the basis of race, religion, sex, sexual orientation, gender identity, national origin, age, income, occupation or any other factor that discriminates against a cognizable group in this state.

����� (2) Any person is eligible to act as a juror in a civil trial unless the person:

����� (a) Is not a citizen of the United States;

����� (b) Does not live in the county in which summoned for jury service;

����� (c) Is less than 18 years of age; or

����� (d) Has had rights and privileges withdrawn and not restored under ORS 137.281.

����� (3)(a) Any person is eligible to act as a grand juror, or as a juror in a criminal trial, unless the person:

����� (A) Is not a citizen of the United States;

����� (B) Does not live in the county in which summoned for jury service;

����� (C) Is less than 18 years of age;

����� (D) Has had rights and privileges withdrawn and not restored under ORS 137.281;

����� (E) Has been convicted of a felony or served a felony sentence within the 15 years immediately preceding the date the person is required to report for jury service; or

����� (F) Has been convicted of a misdemeanor involving violence or dishonesty, or has served a misdemeanor sentence based on a misdemeanor involving violence or dishonesty, within the five years immediately preceding the date the person is required to report for jury service.

����� (b) As used in this subsection:

����� (A) �Felony sentence� includes any incarceration, post-prison supervision, parole or probation imposed upon conviction of a felony or served as a result of conviction of a felony.

����� (B) �Has been convicted of a felony� has the meaning given that term in ORS 166.270.

����� (C) �Misdemeanor sentence� includes any incarceration or probation imposed upon conviction of a misdemeanor or served as a result of conviction of a misdemeanor.

����� (4) A person who is blind, hard of hearing or speech impaired or who has a physical disability is not ineligible to act as a juror and may not be excluded from a jury list or jury service on the basis of blindness, hearing or speech impairment or physical disability alone.

����� (5) A person is ineligible to act as a juror in any circuit court of this state within 24 months after being discharged from jury service in a federal court in this state or circuit court of this state unless that person�s service as a juror is required because of a need for additional jurors. [Amended by 1971 c.630 �1; 1975 c.781 �4; 1977 c.262 �1; 1985 c.703 �2; 1989 c.224 �3; 1997 c.313 �8; 1997 c.736 �1; 2007 c.70 �4; 2007 c.100 �13; 2009 c.484 �13; 2021 c.367 �2]

����� 10.040 [Amended by 1961 c.454 �208; 1975 c.84 �1; repealed by 1979 c.728 �1]

����� 10.050 Excuse from jury duty. (1) A judge of the court or clerk of court shall excuse a person from acting as a juror upon a showing of undue hardship or extreme inconvenience to the person, the person�s family, the person�s employer or the public served by the person. In applying this subsection the judge or clerk of court shall carefully consider and weigh both the public need for juries which are representative of the full community and the individual circumstances offered as a justification for excuse from jury service. A person may request and be granted excuse from jury service under this subsection by means of telephone communication, mail or other method prescribed by the court.

����� (2) Notwithstanding ORS 10.030 (4), a judge may, by own motion, excuse a juror whose presence on the jury would substantially impair the progress of the action on trial or prejudice the parties thereto.

����� (3) A judge of the court or clerk of court shall excuse a person from acting as a juror upon the request of that person if the person is 70 years of age or older. A person may request and be granted excuse from jury service under this subsection by means of telephone communication, mail or other method prescribed by the court.

����� (4) A judge of the court or clerk of court shall excuse a woman from acting as a juror upon the request of the woman if the woman is breast-feeding a child. A request for excuse from jury service under this subsection must be made in writing or other method prescribed by the court.

����� (5) Unless the public need for juries in the court outweighs the individual circumstances of the person summoned, a judge of the court or clerk of court shall excuse a person from acting as a juror upon the request of that person if the person is the sole caregiver for a child or other dependent during the court�s normal hours of operation, the person is unable to afford day care or make other arrangements for the care of the dependent, and the person personally attends to the dependent during the court�s normal hours of operation. [Amended by 1967 c.389 �1; 1975 c.160 �3; 1977 c.262 �2; 1977 c.631 �2; 1979 c.728 �2; 1985 c.703 �5; 1995 c.808 �1; 1997 c.313 �35; 1999 c.1085 �1; 2025 c.256 �14]

����� 10.055 Deferment of jury service. (1) A judge of the court or clerk of court may allow, for good cause shown, a person summoned to serve as a juror for a particular jury service term to defer jury service to any other term beginning within one year after the end of the term for which the person was summoned. Except as provided in this section, a judge or clerk may not allow more than one deferral to a person under this section. The name of a person allowed to defer jury service shall be included with the names of persons to be summoned as jurors for the subsequent term to which jury service is deferred.

����� (2) A judge or clerk may allow more than one deferral of jury duty under this section only for good cause. A person requesting a deferral under this subsection must provide a list of not less than 10 dates within the six-month period following the date of the request on which the person would be able to commence jury duty. [1967 c.473 �2; 1969 c.176 �1; 1971 c.207 �1; 1975 c.342 �13; 1985 c.703 �6; 2011 c.377 �1]

����� 10.060 [Amended by 1955 c.296 �1; 1971 c.358 �1; 1981 c.509 �1; 1985 c.703 �7; repealed by 1999 c.1085 �3 (10.061 enacted in lieu of 10.060)]

����� 10.061 Fees payable to jurors; required waiver. (1) The fee of jurors in courts other than circuit courts is $10 for each day that a juror is required to attend.

����� (2)(a) The fee of jurors for the first two days of required attendance in circuit court during a term of service is $10 for each day that a juror is required to attend.

����� (b) The fee of jurors for the third and subsequent days of required attendance in circuit court during a term of service is $25 for each day that a juror is required to attend.

����� (3) Unless otherwise provided by the terms of an employment agreement, a juror must waive the juror�s fee provided for in subsection (1), (2) or (4) of this section if the juror is paid a wage or salary by the juror�s employer for the days that the juror is required to attend a court, including a municipal or justice court. The provisions of this subsection do not affect any claim a juror may have for mileage reimbursement under ORS 10.065.

����� (4) In addition to the fees and mileage prescribed in subsection (1) of this section and ORS