2017 ORS 136.210¹
Jury number
  • examination

(1) Except as provided in subsection (2) of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent to a less number. It shall be formed, except as otherwise provided in ORS 136.220 (Challenge for implied bias) to 136.250 (Taking of challenges), in the same manner provided by ORCP 57 B, D(1)(a), D(1)(b), D(1)(g) and E. When the full number of jurors has been called, they shall thereupon be examined as to their qualifications, first by the court, then by the defendant and then by the state. After they have been passed for cause, peremptory challenges, if any, shall be exercised as provided in ORS 136.230 (Peremptory challenges).

(2) In criminal cases in the circuit courts in which the only charges to be tried are misdemeanors, the trial jury shall consist of six persons. [Amended by 1973 c.836 §231; 1979 c.284 §112; 1979 c.488 §2; 1991 c.247 §1; 1995 c.658 §76]

Notes of Decisions

Failure to show on record crim­i­nal defendant’s con­sent to proceed with less than 12 jurors was error, and appellate court could not remand for determina­tion of whether defendant con­sented “off the record.” State v. Lutz, 306 Or 499, 760 P2d 249 (1988)

Defendant’s af­firm­a­tive con­sent on record is re­quired before trial can proceed with fewer than 12 per­sons on jury. State v. Fierro, 107 Or App 569, 813 P2d 57 (1991)

Law Review Cita­tions

53 OLR 106 (1973)

Completed Cita­tions

State v. Anderson, 6 Or App 22, 485 P2d 446 (1971), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 136—Criminal Trials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors136.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 136, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano136.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.