Names of grand jury witnesses on indictment
- • effect of failure to include
- • procedure to remedy failure
(1) When an indictment is found, the names of the witnesses examined before the grand jury that returned the indictment, either by testimony in the presence of the grand jury, by affidavit, by means of simultaneous television transmission under ORS 132.320 (Consideration of evidence) (5) or by telephone under ORS 132.320 (Consideration of evidence) (7), and the names of those whose reports were received by such grand jury pursuant to ORS 132.320 (Consideration of evidence) (2) must be inserted at the foot of the indictment, or indorsed thereon, before it is filed. The indorsement shall show whether the witness gave testimony before the grand jury in person, by affidavit, by means of simultaneous television transmission or by telephone or filed a report.
(2) A witness examined before the grand jury whose name is not indorsed on the indictment shall not be permitted to testify at trial without the consent of the defendant, unless the court finds that:
(a) The name of the witness was omitted from the indictment by inadvertence;
(b) The name of the witness was furnished to the defendant by the state at least 10 days before trial; and
(c) The defendant will not be prejudiced by the omission. [Amended by 1973 c.836 §59; 1995 c.126 §2; 2003 c.645 §8]
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