Chapter 136 Criminal Trials

General Provisions

§ 136.001		Right to jury trial
§ 136.005		Challenge to jury panel
§ 136.010		When issue of fact arises
§ 136.030		How issues are tried
§ 136.040		When presence of defendant is necessary
§ 136.050		Degree of crime for which guilty defendant can be convicted when doubt as to degree exists
§ 136.060		Jointly charged defendants to be tried jointly
§ 136.070		Postponement of trial

Selection Of Jury

§ 136.210		Jury number
§ 136.220		Challenge for implied bias
§ 136.230		Peremptory challenges
§ 136.240		Challenge of accepted juror
§ 136.250		Taking of challenges
§ 136.260		Selection of alternate jurors
§ 136.270		Oath, rules governing conduct and attendance of alternate jurors at trial
§ 136.280		Substitution of alternate for juror dying or becoming disabled

Scheduling Of Trial

§ 136.285		Priority in trial schedule for defendants in custody
§ 136.290		Limitation on time defendant held prior to trial
§ 136.295		Application of ORS 136.290
§ 136.300		Time limit on appeals to circuit court

Conduct Of Trial

§ 136.310		Function of court
§ 136.320		Function of jury
§ 136.325		Jury not to be informed of and not to consider punishment that may be imposed
§ 136.330		Trial procedure
§ 136.345		When attendance of woman officer is required
§ 136.347		Appointment, duties and compensation of woman officer

Evidence

§ 136.415		Presumption as to innocence
§ 136.420		Testimony shall be given orally
§ 136.425		Confessions and admissions
§ 136.430		Applicability of laws of evidence in civil actions to criminal trials
§ 136.432		Limitation on court's authority to exclude relevant evidence
§ 136.435		Admissibility of evidence from defendant not advised of rights
§ 136.440		Testimony of accomplice
§ 136.445		Motion for acquittal

Verdict And Judgment

§ 136.450		Number of jurors required for verdict
§ 136.455		General verdict on plea of not guilty
§ 136.460		Verdict where crime consists of degrees
§ 136.465		Verdict where crime or attempt included within charge
§ 136.470		Conviction or acquittal of one or more of several defendants
§ 136.475		Verdict as to some of several defendants
§ 136.480		Reconsideration of verdict when jury makes mistake as to law
§ 136.485		Reconsideration of verdict which is not general verdict

Motion In Arrest Of Judgment; New Trial

§ 136.500		Motion in arrest
§ 136.505		Effect of allowance of motion
§ 136.515		Order when evidence shows guilt
§ 136.525		Order when evidence is insufficient
§ 136.535		Application of ORS 19.430 and ORCP 64 A, B and D to G to new trials

Witnesses

(Generally)

§ 136.555		Subpoena defined
§ 136.557		Issuance of subpoena by magistrate for witnesses at preliminary examination
§ 136.563		Issuance of subpoena by district attorney for witnesses before grand jury
§ 136.565		Issuance of subpoena by district attorney for witnesses at trial
§ 136.567		Issuance of subpoena for witnesses for defendant
§ 136.570		Proceeding to obtain subpoenas for more than 10 witnesses
§ 136.575		Forms of subpoenas
§ 136.580		Subpoenas when books, papers or documents are required

(Material Witness Order)

§ 136.608		Application procedure
§ 136.611		Court action upon receipt of application
§ 136.612		Hearing
§ 136.614		Witness held in detention facility

(Compelling Witnesses)

§ 136.617		Proceedings to compel witness who may be incriminated thereby to testify
§ 136.619		Immunity of witness compelled to testify

(Uniform Act To Secure Attendance Of Witnesses From Without A State In Criminal Proceedings)

§ 136.623		Definitions
§ 136.625		Where witness material to proceeding in another state is in this state
§ 136.627		Where witness material to proceeding in this state is in another state
§ 136.633		Immunity of witness from arrest or service of process
§ 136.635		Construction of ORS 136.623 to 136.637
§ 136.637		Short title

(Competency)

§ 136.643		Defendant as witness
§ 136.645		Codefendant as witness
§ 136.655		Husband or wife as witness

(Hypnotized Witnesses)

§ 136.675		Conditions for use of testimony of persons subjected to hypnosis
§ 136.685		Law enforcement personnel required to advise hypnosis subjects of consequences
§ 136.695		Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible

Procedure To Rely On Enhancement Fact At Sentencing

§ 136.760		Definitions for ORS 136.765 to 136.785
§ 136.765		Notice to defendant
§ 136.770		Enhancement fact related to offense
§ 136.773		Enhancement fact related to defendant
§ 136.776		Effect of waiver of right to jury trial
§ 136.780		Evidence
§ 136.785		Burden of proof
§ 136.790		Notice to defendant upon remand