136.792���� Jury upon remand GENERAL PROVISIONS ����� 136.001 Right to jury trial; waiver. (1) The defendant and the state in all criminal prosecutions have the right to public trial by an imp

136.792���� Jury upon remand

GENERAL PROVISIONS

����� 136.001 Right to jury trial; waiver. (1) The defendant and the state in all criminal prosecutions have the right to public trial by an impartial jury.

����� (2) Both the defendant and the state may elect to waive trial by jury and consent to a trial by the judge of the court alone, provided that the election of the defendant is in writing and with the consent of the trial judge. [1973 c.836 �221; 1997 c.313 �21]

����� 136.005 Challenge to jury panel. (1) The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging facts that, if true, constitute a material departure from the requirements of the law governing the selection of jurors. The party making the motion shall serve the motion and supporting affidavit on the other party, the trial court administrator and the State Court Administrator.

����� (2) A challenge to the panel shall be made before the voir dire examination of the jury.

����� (3) If the court determines that there has been a material departure from the requirements of the law governing selection of jurors, the court shall:

����� (a) Stay the proceedings pending the selection of a jury panel in conformity with the applicable provisions of law; and

����� (b) Grant such other relief as may be appropriate.

����� (4) The procedures prescribed by this section are the exclusive means by which a district attorney or defendant may challenge a jury panel. [1973 c.836 �222; 2001 c.779 �17]

����� 136.010 When issue of fact arises. An issue of fact arises upon a plea of not guilty. [Amended by 1973 c.836 �223]

����� 136.020 [Repealed by 1973 c.836 �358]

����� 136.030 How issues are tried. An issue of law shall be tried by the judge of the court and an issue of fact by a jury of the county in which the action is triable. [Amended by 1973 c.836 �224]

����� 136.040 When presence of defendant is necessary. (1) If the charge is for a misdemeanor, the trial may be had in the absence of the defendant if the defendant appears by counsel; but if it is for a felony, the defendant shall appear in person.

����� (2) Notwithstanding the provisions of subsection (1) of this section, if the charge is for a misdemeanor, the trial may be had in the absence of the defendant and defendant�s counsel if the misdemeanor is treated as a violation under ORS