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
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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
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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
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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
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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
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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
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Source:
Legislative Counsel Committee, CHAPTER 136—Criminal Trials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­136.­html (2007) (last ac­cessed Feb. 12, 2009).