Meeting Archives: March 12, 2026

March 12, 2026

Index

To go to a specific meeting material, click one of the links below to be taken to where the text begins on this page.

Agenda
Prior Meeting Minutes
Glossary
US and Oregon Constitutional Provisions
Oregon Revised Statutes Chapter 10
Uniform Trial Court Rules and Rules of Civil Procedure
Example Summons Forms

Agenda

Task Force on Removing Barriers to Jury Service

Meeting #2: Jury Basics, the Right to a Jury Trial, and Jury Service in Oregon Circuit Courts

March 12, 2026

Roll Call

Kimberly McCullough, Senior Counsel for Government Relations, Oregon Judicial Department (OJD)

Ratify Prior Meeting Minutes

Kimberly McCullough, Senior Counsel for Government Relations, OJD

Gifts and Public Officials

Kimberly McCullough, Senior Counsel for Government Relations, OJD

Glossary & Relevant Authorities

Kimberly McCullough, Senior Counsel for Government Relations, OJD

Jury Rights in Oregon

Honorable Chanpone Sinlapasai, Multnomah County Circuit Court

Jury Service Overview: Oregon Circuit Courts

Molly Harvis, Statewide Jury Coordinator, OJD

Where We Are Going From Here

Public Comment

Materials

Prior meeting minutes
Oregon Government Ethics Commission Guide for Public Officials (opens page to external website) (pages 26-32 address gifts)
Glossary
US and Oregon Constitutional provisions regarding the right to jury trial
Oregon Revised Statutes Chapter 10
Relevant Uniform Trial Rules (UTCRs) & Oregon Rules of Civil Procedure (ORCPs)
OJD statewide jury service webpage (opens link to another webpage)
Example jury summons forms
Written public comment (if any)

Meeting Materials

Draft/Unvoted on Prior Meeting Minutes

Draft - Meeting Minutes (to be voted on at the 3/12/26 meeting)

Task Force on Removing Barriers to Jury Service

Date: January 22, 2026

Time: 11:45 a.m.

Location: Webex Webinar

Members in Attendance: Representative Tom Andersen, Representative Kim Wallan, Bryan Brock, Kia Tolbert, Tim Dooley, Honorable Matthew Shirtcliff, Royce Williams, Honorable Tucker Rossetto, Keren Farkas, Chair Kimberly McCullough, Senator James I. Manning, Jr., Nansi López

Members Not in Attendance: Senator Kim Thatcher, Derek Sangston, Honorable Chanpone Sinlapasai

Presenters/Speakers: State Court Administrator Nancy Cozine, Chief Justice Meagan Flynn, Aaron Knott, Director of Government Relations and Communications, Sam Dupree, Senior Assistant General Counsel, and Lindsey Detweiler, Deputy General Counsel, Oregon Judicial Department

Quorum: Yes (8 voting members present)

Welcome

State Court Administrator Cozine thanked everyone for their service and contributions and noted statistics about the number of Oregonians that do not attend or request excusal from jury service

Barriers include cost and declines in civic education, public perception, and trust in the legal system
State courts have started taking steps to improve response rates and ensure jury pools are representative, but there is more that can be done

Chief Justice Flynn thanked the members and noted the importance of the right to a trial by jury, the right to a fair trial, and public understanding of our justice system

Jury service can involve sacrifices of time and money, potential costs of care for children or family members, securing transportation, parking fees, and more

Introductions of Task Force Members

Representative Tom Andersen (House District 19)

Trial lawyer for 50 years
Previously called for a grand jury
Noted the importance of civic education for jurors

Representative Kim Wallan (Medford)

Previously called for jury service, but has not served on a jury
Practiced law for a few years but never in front of a jury

Bryan Brock (Executive Director of the Oregon District Attorneys' Association)

Former prosecutor in Clackamas County, tried over 100 cases involving juries
Formerly worked for the Department of Justice and the Judicial Department

Responsible for coordinating and supervising juries

Summoned many times for jury service, but has not served on a jury

Kia Tolbert (attorney at Umpqua Valley Public Defenders)

Member of the Legislative, DEI, and Education committees with the Oregon Criminal Defense Lawyers Association
Has worked on many criminal cases with jury trials
Noted the importance of jury pools being representative of the clientele

Interested in homeless/unhoused population involvement in the jury process and civic education

Tim Dooley (Legislative Affairs Manager at the Association of Oregon Counties)

Background in law enforcement administration
No jury experience, but familiar with circuit and municipal court juries and the issues with that process

Honorable Matthew Shirtcliff (Baker County Circuit Court Judge)

Has conducted many civil and criminal jury trials
Former district attorney and deputy district attorney for Baker County
Interested in improving juror access and engagement
Concern about getting a representative cross-section of the community in juries

Royce Williams (Senior Deputy General Counsel for TriMet)

Civil practice for 10 years with trials in Oregon and Washington
Editor for The Verdict for the Oregon Association of Defense Counsel (former board member)

Honorable Tucker Rossetto (Beaverton Municipal Court Judge)

Never summoned for jury service
Presided over five jury trials, and involved in more as a prosecutor
Wants to increase the desire to go to jury service and juror engagement

Keren Farkas (Oregon State Bar)

Worked as a public defender at several organizations in a different jurisdiction
Has not litigated a jury trial but has had many clients where the impact and meaning of being before a jury of their peers was apparent

Senator James Manning, Jr. (Chief Sponsor of SB 1175)

Summoned for jury service multiple times
Concerned about juror engagement
Question of how idle wait time in a room of strangers impacts a person's perspective on jury service

Chair Kimberly McCullough (Senior Counsel for Government Relations at OJD)

Compiling research to help the task force move forward

Nansi López - present, but mic/audio issues

Overview of SB 1175

Aaron Knott, Director of Government Relations and Communications for OJD presented a PowerPoint giving an overview of SB 1175 (slides available in meeting materials)

SB 1175 (2025) was introduced by Senator Manning

OJD supported the bill
Last legislative session, the bill was a non-partisan issue
Downward trend of jury service has accelerated since the pandemic

Task Force members were appointed by the Senate Speaker (2), House President (2), Governor (5), and the Chief Justice (5 plus Chair)
Task Force Charge

Reviewed the task force's purpose/goals under SB 1175
Proposed recommendations may be broad and may go beyond compensation

Quorum and Voting

10 voting members (quorum is 6), legislators and the chair are nonvoting
If you can't attend a meeting or continue serving, notify the Chair ASAP

Task Force Report

Opinions of nonvoting members are important, helpful, and welcome
Due December 15, 2026

Will be submitted to the Governor, Chief Justice, and judiciary committees
Dissenting/minority opinions can be added as an addendum, or as an additional report

Members may be asked to present about the Task Force during legislative session

Miscellaneous Provisions

Discussed when and how meetings will be scheduled
OJD will provide staff support
Task Force may consult with local or national experts and other states/agencies
Task Force can adopt rules, but they don't need to be extensive or formal

Representative Wallan noted fewer civil cases seem to go to trial and asked to look at the numbers of parties choosing not to go

Chair McCullough noted OJD analysts can assist with providing data

Task Force Rules

Chair McCullough proposed two rules:

Raising hands to speak (but if there are technical issues feel free to speak up)
For voting, especially on the report:

A member makes a motion
Another member seconds the motion
Discussion
Vote

No objections were raised

Task Force Website

Chair McCullough walked through the Jury Task Force website

Form for submitting public comments, asking questions, and requesting accommodation

Can use this to request to be added as an interested party to the Task Force

Homepage includes the membership list, link to Contact Us page, and upcoming meeting information

Meeting links sent to Task Force members are different than the one on the public website

If members have technical difficulties, they can enter through the public link and staff can change their role to panelist

Meetings Archive has PDF and text copies of agendas and meeting materials

Discussion of Public Records and Open Meetings Law

Lindsey Detweiler, Deputy General Counsel, and Sam Dupree, Senior Assistant General Counsel, for OJD presented a PowerPoint on public records and open meetings law (slides available in meeting materials)

Task Force meetings are public meetings and the Task Force is subject to public records law
Oregon Public Meetings Law (Detweiler)

Outlined the purpose of the public meetings law and the definitions of "public body" and "governing body"
Reviewed requirements for how public bodies may gather or meet to discuss official business or make decisions
Discussed the definitions of a "meeting" and "convening"
Discussed serial communication and electronic written communication

Members may not use serial communications or intermediaries for deliberating or making a decision on official business
Did the communication ultimately involve a quorum of members? What was the subject and purpose of the communications? Did it involve delivering decisions?

Reviewed some exemptions to public meetings law

Oregon Public Records Law (Dupree)

Every record created related to the task force is subject to public inspection, including records created by private citizens

Reviewed definition of "public record" and examples

Creating/storing records on personal devices or emails doesn't exempt them from public records law and public records requests
Reviewed record retention requirements
Public Records Exemptions

Discussed unconditional vs. conditional exemptions with examples

Record Request Procedures

Coordinate records requests with OJD
Forward requests to the Task Force via email or the Jury Task Force website ASAP

We have to acknowledge the request within 5 days and respond with records within 15 days, if possible

Members' organizations may have their own processes, but it should be a collaborative process

Coordinate responses with OJD and the entity you work for

Tips/Takeaways

Communicate thoughtfully and intentionally
Try to avoid using personal devices or accounts
If you get a records request reach out to OJD to coordinate a response

Williams requested information on the rules around receiving gifts

Where We Are Going From Here

Generally, meetings will be for 1.5 hours once a month

Let Chair McCullough know if you have different thoughts about the timing, frequency, and cadence of the meetings

We are aiming to have the next meeting after legislative session ends
Kiely Lyons will notify Task Force members and interested parties of meetings

If you'd like someone added to the interested parties list, provide them with Chair McCullough's or Lyons' contact information or direct them to the website form

Next meetings:

Right to a jury trial and details of how jury trials work

Relevant statutes and authorities will be in the meeting materials

Overview of how jury service works in Oregon circuit courts, grand juries, municipal courts, and justice courts

Tolbert asked that the presentation on the jury process include what the notification and administrative processes behind informing jurors they've been selected looks like

Chair McCullough replied that the statewide jury coordinator can include that in her presentation

Barriers to jury service (Task Force can decide which barriers to focus on)
We can bring in experts and people from other jurisdictions

If you have ideas about experts who could speak with the Task Force, let Chair McCullough know at future meetings or via email

Dooley asked how we can make sure we're communicating appropriately to folks with different backgrounds, language abilities, etc. in regard to the jury summons form and if OJD has a forms group that works on that

Chair McCullough replied OJD does have a forms group and that we can talk about the forms (for circuit courts, grand juries, and local courts)

Tolbert asked:

If there is an Oregon-specific report discussing why people do not show up to jury service, that the Task Force receive a copy
If there's a report of the expenses associated with the administrative side of the jury process
For background on the jury process during COVID

Public Comment

Machelle Briggs-Mayfield (Justice of the Peace for Douglas County)

One of five justices that hold jury trials
Resource for how justice courts handle jury trials and some of the barriers they see at the justice court level

Received written public comment from HK Kahng through the Jury Task Force website form (included in the meeting materials)

Task force members are encouraged to look at the written public comments we receive

Glossary

Task Force on Removing Barriers to Jury Service: Glossary

Acquittal: A not guilty finding by at least 10 of 12 jurors in a criminal case involving a felony. A unanimous not guilty finding by the six jurors in a misdemeanor-only criminal case. In Oregon, once a defendant has been acquitted of a crime, they may not be retried for that same crime.
Bench Trial: A trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law.
Challenges: The method used by parties to request to excuse or disqualify a jury panel or an individual candidate from a jury panel during the jury selection process of a jury trial. There are two types of jury challenges: for cause and peremptory. Challenges for cause (also referred to as a strike for cause) must be requested for a specific reason and be granted by the trial judge. Peremptory challenges do not require a reason or approval by the trial judge. State law limits the number of peremptory challenges allowed by each party by case type. If both parties agree to the excusal of a particular individual and the court approves, the individual is considered excused for joint cause. Challenges are prohibited for grand juries.
Circuit Court: Trial courts in each county in Oregon which are part of Oregon’s unified and state-funded court system.
Civil Jury Trial: A legal dispute that does not involve a criminal charge and is between parties who are individuals, businesses, or government entities; instead, one or more parties, usually called plaintiffs, seek a judgment against other parties, usually called defendants.
Contempt: The willful failure to follow a court order, including failure to respond to a summons for jury service.
Criminal Jury Trial: A prosecutor (a district attorney for the State of Oregon, or a city or county attorney), accuses individuals or organizations of conduct that the Oregon legislature, a city, or a county has defined as a crime. Jurors determine whether the defendant is “guilty” or “not guilty.”
Defer/Deferral/Deferment: Process and result of rescheduling a candidate’s jury service to a date outside of the term in which they were summoned.
Deliberations: Private discussions held by jurors after they have heard all the evidence and been instructed by the judge in a trial. During this process, jurors must determine the facts, apply the relevant law, and attempt to reach a verdict.
Disqualify/Disqualification: Process of determining whether a candidate is qualified to serve on a jury, determined by ORS 10.030.
Eligibility: Qualifications set by law to participate in jury service defined in ORS 10.030, with some differing eligibility criteria between civil trials and criminal trials or grand juries.
Excuse/Excusal/Exemption: Process of determining whether a candidate should be released from serving the term of jury service determined by ORS 10.050.
Grand Jury: A grand jury is a body of seven persons selected to sit on a jury that decides whether the prosecutor’s evidence provides probable cause to issue an indictment. An indictment formally charges a person with committing a crime and begins the criminal prosecution process. Grand juries may also inquire into the condition and management of correctional and youth correction facilities.
Hung Jury: A jury that cannot reach the required unanimity or supermajority required to reach a verdict (unanimity for a criminal conviction, 10 of 12 jurors for an acquittal in a felony case, unanimity for an acquittal in a misdemeanor case, and ¾ of the jurors in a civil case). A hung jury is one way that a case may be declared a mistrial and may result in the case being tried again.
Jury: A body of persons temporarily selected from persons who live in a particular county or district and invested with power to present or indict in respect to a crime or to decide a question of fact. There are three types of juries: grand jury, trial/petit jury, and jury of inquest.
Jury Coordinator: A court employee who oversees the local jury management for a trial court.
Jury of Inquest: A jury that determines the identity of a deceased person, and where, when, and how the person died. These juries are no longer used in Oregon, although they are still authorized by statute.
Jury Source Lists: Lists containing the most recent list of registered voters of the county, the records furnished by the Department of Transportation as provided in ORS 10.215 and any other sources approved by the Chief Justice of the Supreme Court that will furnish a fair cross section of the citizens of the county.
Jury Summons: An official court document notifying a person they have been ordered to jury service. A circuit court judge may also direct the clerk of the court, a sheriff, or other officer to summon jurors, though this process is rarely, if ever, used.
Justice Court: Justice court is held by a justice of the peace within the county for which they were elected, which generally has jurisdiction over violations committed within county limits, most misdemeanor crimes, small claims, and most civil actions where claims do not exceed $10,000. Along with municipal courts, also known as a local court.
Master Jury List: A list containing the first name, the surname, the place of residence, and, if assigned, a juror identification number, prepared annually from the jury source lists. See “jury source lists.”
Mistrial: A mistrial occurs when a jury is unable to reach a verdict (see “hung jury”), or when there is a serious procedural error or misconduct that would result in an unfair trial, and the judge dismisses the case. After a mistrial, sometimes the defendant may be retried for the same crime or crimes.
Municipal Court: The judicial branch of a city government, which generally has jurisdiction over violations committed within city limits and most misdemeanor crimes. Along with justice courts, also known as a local court.
Oregon Administrative Rules (OAR): Rules adopted by various entities with rulemaking authority (generally state agencies) to implement or interpret Oregon laws. Can be viewed at the Oregon Secretary of State website. (opens link to new page on external website)
Oregon Revised Statutes (ORS): The codified laws/statutes of the state of Oregon. Can be viewed at the Oregon Legislature website. (opens link to new page on external website)
Oregon Rules of Civil Procedure (ORCP): Rules that govern civil proceedings in Oregon circuit courts. Can be viewed at the Oregon Legislature website. (opens link to new page on external website)
Panel/Panelist: A candidate or group of candidates assigned to a case for the purpose of voir dire, or jury selection.
Peremptory Challenge: See “challenges” above.
Petit Jury: Another name for a trial jury.
Pool: A list of candidates randomly pulled from the master jury list by a court for the purpose of summoning for a term of jury service.
Sequestration: The isolation of a jury to avoid exposure to outside influence or information, particularly in high-profile cases with significant media coverage. In such cases, jurors are usually housed at a hotel, where they are not allowed to read newspapers, watch television, or access the internet, and may have only limited contact with others.
State Court Administrator: The chief administrative officer of the Oregon Judicial Department, who assists the Chief Justice in supervising the state’s circuit courts.
Trial Jury: A jury convened to decide facts in civil and criminal cases. Also called a “petit jury.”
Uniform Trial Court Rules (UTCR): Statewide rules that apply in Oregon circuit courts. Can be viewed at: the Uniform Trial Court Rules & Committee website. (opens link to new page)
Verdict: The formal decision or judgment rendered by a court at the conclusion of a trial or legal proceeding. Verdicts are reached by a judge or a jury, depending on the type of trial and jurisdiction.
Voir dire: The process of questioning candidates before a trial to select qualified jurors for the trial. Also called jury selection.

US and Oregon Constitutional Provisions

Task Force on Removing Barriers to Jury Service Constitutional Provisions Regarding Juries

United States Constitution

Full text of US Constitution (opens link to new window on external website)

Article III, Section 2, clause 3
* * *
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury.
* * *

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence [sic].

Seventh Amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Note: Some aspects of these federal jury trial rights apply to the states, some do not, and states retain significant flexibility regarding their laws related to jury trials.

Oregon Constitution

Full text of Oregon Constitution (opens link to new page on external website)
Article I (Bill of Rights)

Section 6. No religious test for witnesses or jurors.

No person shall be rendered incompetent as a witness, or juror in consequence of his opinions on matters of religeon [sic]; nor be questioned in any Court of Justice touching his religeous [sic] belief to affect the weight of his testimony.—

Section 11. Rights of Accused in Criminal Prosecution.

In all criminal prosecutions, the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed; to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor; provided, however, that any accused person, in other than capital cases, and with the consent of the trial judge, may elect to waive trial by jury and consent to be tried by the judge of the court alone, such election to be in writing; provided, however, that in the circuit court ten members of the jury may render a verdict of guilty or not guilty, save and except a verdict of guilty of first degree murder, which shall be found only by a unanimous verdict, and not otherwise; provided further, that the existing laws and constitutional provisions relative to criminal prosecutions shall be continued and remain in effect as to all prosecutions for crimes committed before the taking effect of this amendment.

Note: Right to waive jury trial adopted in 1931
Note: The non-unanimous verdict provision in this section was adopted in 1934. However, in Ramos. V. Louisiana (2020), the US Supreme Court held that non-unanimous guilty verdicts are unconstitutional under the Sixth Amendment of the US Constitution. That ruling effectively invalidated Oregon’s constitutional provision that allowed 10-2 guilty verdicts in most felony cases. Now, all criminal jury guilty verdicts must be unanimous, regardless of what the Oregon Constitution says.

Section 16. Excessive bail and fines; cruel and unusual punishments; power of jury in criminal case.

Excessive bail shall not be required, nor excessive fines imposed. Cruel and unusual punishments shall not be inflicted, but all penalties shall be proportioned to the offense.—In all criminal cases whatever, the jury shall have the right to determine the law, and the facts under the direction of the Court as to the law, and the right of new trial, as in civil cases.

Note: Despite the text of Article I, section 16, “‘it is the plain duty of the jury to accept and apply the law as given them by the court.” State v. Johnson, 238 Or App 672, 675, 243 P3d 805 (2010), rev den, 351 Or 649 (2012) (quoting State v. Wong Si Sam, 63 Or 266, 272, 127 P 683 (1912)).

Section 17. Jury trial in civil cases.

In all civil cases the right of Trial by Jury shall remain inviolate. —

Section 40. Penalty for aggravated murder.

Notwithstanding sections 15 and 16 of this Article, the penalty for aggravated murder as defined by law shall be death upon unanimous affirmative jury findings as provided by law and otherwise shall be life imprisonment with minimum sentence as provided by law.

Note: All criminal cases must have unanimous juries for a finding of guilt now (see note above regarding section 11)

Section 45. Person convicted of certain crimes not eligible to serve as juror on grand jury or trial jury in criminal case.

(1) In all grand juries and in all prosecutions for crimes tried to a jury, the jury shall be composed of persons who have not been convicted:

(a) Of a felony or served a felony sentence within the 15 years immediately preceding the date the persons are required to report for jury duty; or
(b) Of a misdemeanor involving violence or dishonesty or served a sentence for a misdemeanor involving violence or dishonesty within the five years immediately preceding the date the persons are required to report for jury duty.

(2) This section applies to all criminal proceedings pending or commenced on or after the effective date of this section, except a criminal proceeding in which a jury has been impaneled and sworn on the effective date of this section. Nothing in this section reduces a criminal defendant's rights under the Constitution of the United States. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution. Nothing in this section is intended to create any cause of action for compensation or damages nor may this section be used to disqualify a jury, invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal proceeding at any point after a jury is impaneled and sworn or on appeal.

Article IV (Legislative Branch)

Section 23. Certain local and special laws prohibited.

The Legislative Assembly, shall not pass special or local laws, in any of the following enumerated cases, that is to say:—
* * *
Summoning and empanneling [sic] grand, and petit jurors;
* * *

Article VII (Amended) (Judicial Branch)
Section 3. Jury trial; re-examination of issues by appellate court; record on appeal to Supreme Court; affirmance notwithstanding error; determination of case by Supreme Court.

In actions at law, where the value in controversy shall exceed $750, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of this state, unless the court can affirmatively say there is no evidence to support the verdict. Until otherwise provided by law, upon appeal of any case to the supreme court, either party may have attached to the bill of exceptions the whole testimony, the instructions of the court to the jury, and any other matter material to the decision of the appeal. If the supreme court shall be of opinion, after consideration of all the matters thus submitted, that the judgment of the court appealed from was such as should have been rendered in the case, such judgment shall be affirmed, notwithstanding any error committed during the trial; or if, in any respect, the judgment appealed from should be changed, and the supreme court shall be of opinion that it can determine what judgment should have been entered in the court below, it shall direct such judgment to be entered in the same manner and with like effect as decrees are now entered in equity cases on appeal to the supreme court. Provided, that nothing in this section shall be construed to authorize the supreme court to find the defendant in a criminal case guilty of an offense for which a greater penalty is provided than that of which the accused was convicted in the lower court.

Note: As enacted in 1910, a case only needed $20 at issue for civil jury right; section amended in 1974 to increase the amount to $200; section amended in 1996 to increase the amount to $750.

Section 5. Juries; indictment; information; verdict in civil cases.

(1) The Legislative Assembly shall provide by law for:

(a) Selecting juries and qualifications of jurors;
(b) Drawing and summoning grand jurors from the regular jury list at any time, separate from the panel of petit jurors;
(c) Empaneling more than one grand jury in a county; and
(d) The sitting of a grand jury during vacation as well as session of the court.

(2) A grand jury shall consist of seven jurors chosen by lot from the whole number of jurors in attendance at the court, five of whom must concur to find an indictment.
(3) Except as provided in subsections (4) and (5) of this section, a person shall be charged in a circuit court with the commission of any crime punishable as a felony only on indictment by a grand jury.
(4) The district attorney may charge a person on an information filed in circuit court of a crime punishable as a felony if the person appears before the judge of the circuit court and knowingly waives indictment.
(5) The district attorney may charge a person on an information filed in circuit court if, after a preliminary hearing before a magistrate, the person has been held to answer upon a showing of probable cause that a crime punishable as a felony has been committed and that the person has committed it, or if the person knowingly waives preliminary hearing.
(6) An information shall be substantially in the form provided by law for an indictment. The district attorney may file an amended indictment or information whenever, by ruling of the court, an indictment or information is held to be defective in form.
(7) In civil cases three-fourths of the jury may render a verdict.

Section 9. Juries of less than 12 jurors.

Provision may be made by law for juries consisting of less than 12 but not less than six jurors.

Note: This provision was adopted in 1972 through a referral. It applies in certain civil and misdemeanor cases, as permitted by statute.

Oregon Revised Statutes Chapter 10

Task Force on Removing Barriers to Jury Service

Oregon Revised Statutes Chapter 10

Oregon Revised Statutes Chapter 10 (opens link to external website)

General Provisions

10.010 Definitions. As used in this chapter, unless the context requires otherwise.

(1) "Clerk of court” means the trial court administrator or any other nonjudicial officer or employee of the circuit court for a county authorized by the presiding judge for the judicial district.
(2) "Juror" means any juror or prospective juror.
(3) "Jury" means a body of persons temporarily selected from persons who live in a particular county or district, and invested with power to present or indict in respect to a crime or to try a question of fact.

10.020 Kinds of juries.

A jury is of three kinds:

(1) A grand jury.
(2) A trial jury.
(3) A jury of inquest.

10.025 Rules for use of electronic transmission and electronic signature on documents.

(1) The Chief Justice of the Supreme Court may make rules for the use of electronic transmission and electronic signature on documents transmitted to or from a circuit court under this chapter.
(2) ORS 84.072 does not apply to rules adopted under this section.

10.030 Eligibility for jury service; discrimination prohibited.

(1) Except as otherwise specifically provided by statute, the opportunity for jury service may not be denied or limited on the basis of race, religion, sex, sexual orientation, gender identity, national origin, age, income, occupation or any other factor that discriminates against a cognizable group in this state.
(2) Any person is eligible to act as a juror in a civil trial unless the person:

(a) Is not a citizen of the United States;
(b) Does not live in the county in which summoned for jury service;
(c) Is less than 18 years of age; or
(d) Has had rights and privileges withdrawn and not restored under ORS 137.281.

(a) Any person is eligible to act as a grand juror, or as a juror in a criminal trial, unless the person:

(A) Is not a citizen of the United States;
(B) Does not live in the county in which summoned for jury service;
(C) Is less than 18 years of age;
(D) Has had rights and privileges withdrawn and not restored under ORS 137.281;
(E) Has been convicted of a felony or served a felony sentence within the 15 years immediately preceding the date the person is required to report for jury service; or
(F) Has been convicted of a misdemeanor involving violence or dishonesty, or has served a misdemeanor sentence based on a misdemeanor involving violence or dishonesty, within the five years immediately preceding the date the person is required to report for jury service.

(b) As used in this subsection:

(A) "Felony sentence” includes any incarceration, post-prison supervision, parole or probation imposed upon conviction of a felony or served as a result of conviction of a felony.
(B) "Has been convicted of a felony” has the meaning given that term in ORS 166.270.
(C) "Misdemeanor sentence” includes any incarceration or probation imposed upon conviction of a misdemeanor or served as a result of conviction of a misdemeanor.

(4) A person who is blind, hard of hearing or speech impaired or who has a physical disability is not ineligible to act as a juror and may not be excluded from a jury list or jury service on the basis of blindness, hearing or speech impairment or physical disability alone.
(5) A person is ineligible to act as a juror in any circuit court of this state within 24 months after being discharged from jury service in a federal court in this state or circuit court of this state unless that person’s service as a juror is required because of a need for additional jurors.

10.050 Excuse from jury duty.

(1) A judge of the court or clerk of court shall excuse a person from acting as a juror upon a showing of undue hardship or extreme inconvenience to the person, the person’s family, the person’s employer or the public served by the person. In applying this subsection the judge or clerk of court shall carefully consider and weigh both the public need for juries which are representative of the full community and the individual circumstances offered as a justification for excuse from jury service. A person may request and be granted excuse from jury service under this subsection by means of telephone communication, mail or other method prescribed by the court.
(2) Notwithstanding ORS 10.030 (4), a judge may, by own motion, excuse a juror whose presence on the jury would substantially impair the progress of the action on trial or prejudice the parties thereto.
(3) A judge of the court or clerk of court shall excuse a person from acting as a juror upon the request of that person if the person is 70 years of age or older. A person may request and be granted excuse from jury service under this subsection by means of telephone communication, mail or other method prescribed by the court.
(4) A judge of the court or clerk of court shall excuse a woman from acting as a juror upon the request of the woman if the woman is breast-feeding a child. A request for excuse from jury service under this subsection must be made in writing or other method prescribed by the court.
(5) Unless the public need for juries in the court outweighs the individual circumstances of the person summoned, a judge of the court or clerk of court shall excuse a person from acting as a juror upon the request of that person if the person is the sole caregiver for a child or other dependent during the court’s normal hours of operation, the person is unable to afford day care or make other arrangements for the care of the dependent, and the person personally attends to the dependent during the court’s normal hours of operation.

10.055 Deferment of jury service.

(1) A judge of the court or clerk of court may allow, for good cause shown, a person summoned to serve as a juror for a particular jury service term to defer jury service to any other term beginning within one year after the end of the term for which the person was summoned. Except as provided in this section, a judge or clerk may not allow more than one deferral to a person under this section. The name of a person allowed to defer jury service shall be included with the names of persons to be summoned as jurors for the subsequent term to which jury service is deferred.
(2) A judge or clerk may allow more than one deferral of jury duty under this section only for good cause. A person requesting a deferral under this subsection must provide a list of not less than 10 dates within the six-month period following the date of the request on which the person would be able to commence jury duty.

10.061 Fees payable to jurors; required waiver.

(1) The fee of jurors in courts other than circuit courts is $10 for each day that a juror is required to attend.
(2)

(a) The fee of jurors for the first two days of required attendance in circuit court during a term of service is $10 for each day that a juror is required to attend.
(b) The fee of jurors for the third and subsequent days of required attendance in circuit court during a term of service is $25 for each day that a juror is required to attend.

(3) Unless otherwise provided by the terms of an employment agreement, a juror must waive the juror’s fee provided for in subsection (1), (2) or (4) of this section if the juror is paid a wage or salary by the juror’s employer for the days that the juror is required to attend a court, including a municipal or justice court. The provisions of this subsection do not affect any claim a juror may have for mileage reimbursement under ORS 10.065.
(4) In addition to the fees and mileage prescribed in subsection (1) of this section and ORS 10.065 for service in a court other than a circuit court, the governing body of a city or county may provide by ordinance for an additional juror fee and for city or county reimbursement of jurors for mileage and other expenses incurred in serving as jurors in courts other than circuit courts.

10.065 Mileage fee and reimbursement of other expenses.

(1) In addition to the fees prescribed in ORS 10.061, a juror who is required to travel from the juror’s usual place of abode in order to execute or perform service as a juror in a court other than a circuit court shall be paid mileage at the rate of eight cents a mile for travel in going to and returning from the place where the service is performed.
(2) In addition to the fees prescribed in ORS 10.061, a juror who is required to travel from the juror’s usual place of abode in order to execute or perform service as a juror in a circuit court shall be paid mileage at the rate of 20 cents a mile for travel in going to and returning from the place where the service is performed. Mileage paid to a juror shall be based on the shortest practicable route between the juror’s residence and the place where court is held.
(3) In addition to the fees prescribed in ORS 10.061, the State Court Administrator may reimburse a juror who uses public transportation to travel from the juror’s usual place of abode in order to execute or perform service as a juror in a circuit court, without regard to the distance traveled by the juror.
(4) In addition to the fees prescribed in ORS 10.061, a juror serving in circuit court may be paid for lodging expenses, dependent care expenses and other reasonable expenses that arise by reason of jury service. Expenses under this subsection may be paid only upon written request of the juror, made in such form and containing such information as may be required by the State Court Administrator. The State Court Administrator shall establish policies and procedures on eligibility, authorization and payment of expenses under this subsection. Payment of expenses under this subsection is subject to availability of funds for the payment.
(5) A juror shall be paid the mileage and other expenses provided for in this section for each day’s attendance at court.
(6) The State Court Administrator shall establish policies and procedures on eligibility, authorization and payment of mileage and expenses under subsections (2) to (4) of this section.

10.075 Payment of per diem and mileage fees by state; payment of other expenses.

(1) The per diem fees, mileage and expenses due to each juror in the circuit court shall be paid by the state from funds available for the purpose. Payment shall be made upon a certified statement, prepared by the clerk of court, showing the number of days each juror has served and the amount due each juror for mileage and other expenses.
(2) If a jury in the circuit court is provided food, drink, lodging or transportation by order of the circuit court, the cost thereof shall be paid by the state from funds available for the purpose.
(3) Each circuit court shall offer each juror the opportunity to waive receipt of the per diem and mileage expenses otherwise payable to the juror for the purpose of funding Judicial Department programs and activities identified by the Chief Justice of the Supreme Court. All amounts waived by a juror under the provisions of this subsection are continuously appropriated to the Judicial Department programs and activities that are identified by the Chief Justice for receipt of the waived amounts, and may be used only for the purposes of those programs and activities.
(4) This section does not apply to mileage and other expenses of jurors reimbursed by a county as provided in ORS 10.061 (4).

10.080 Seeking or offering to procure place on jury or list of jurors and selection of juror pursuant to request prohibited.

(1) A person may not ask or request any sheriff, constable or any other person, whose duty it is under the law to select or summon any jury or juror, to select or put the person upon the jury. A person may not procure or offer to procure for the person or for another person a place upon any jury or seek to have the person or another placed upon the list of jurors that is required by law to be made.
(2) A sheriff, constable or other person who has a duty under the law to select or summon a jury may not select, summon or place upon any jury any person whom the sheriff, constable or other person has been asked or requested to select or summon.

10.090 Prohibited acts by employers against jurors; notice to jurors; remedy for violations.

(1) An employer commits an unlawful employment practice under ORS chapter 659A if the employer discharges, threatens to discharge, intimidates or coerces any employee by reason of the employee’s service or scheduled service as a juror on a grand jury, trial jury or jury of inquest.
(2) An employer may not require that an employee use vacation leave, sick leave or annual leave for time spent by the employee in responding to a summons for jury duty, and the employer shall allow the employee to take leave without pay for time spent by the employee in responding to a summons for jury duty.
(3) This section may not be construed to alter or affect an employer’s policies or agreements with employees concerning employees’ wages during times when an employee serves or is scheduled to serve as a juror.
(4) When summoning jurors, the person whose duty it is under the law to summon shall notify each juror of the juror’s rights under this section.
(5) An employee who alleges a violation of subsection (1) of this section may bring a civil action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820.

10.092 Insurance coverage for employee during jury service; unlawful employment practice.

(1) An employer who employs 10 or more persons commits an unlawful employment practice under ORS chapter 659A if:

(a) The employer ceases to provide health, disability, life or other insurance coverage for an employee during times when the employee serves or is scheduled to serve as a juror; and
(b) The employee elected to have coverage continued while the employee served or was scheduled to serve as a juror, and the employee provided notice of that election to the employer in compliance with the employer’s policy for notification.

(2) Notwithstanding ORS 652.610 (3), if, following an election described in subsection (1) of this section, an employer is required or elects to pay any part of the costs of providing health, disability, life or other insurance coverage for the employee that should have been paid by the employee, the employer may deduct from the employee’s pay such amounts upon the employee’s return to work until the amount the employer advanced toward the payments is paid. The total amount deducted for insurance under this subsection may not exceed 10 percent of the employee’s gross pay each pay period.
(3) Notwithstanding ORS 652.610 (3), if the employer pays any part of the costs of providing health, disability, life or other insurance coverage for an employee under subsection (2) of this section, and the employee ceases to work for the employer before the total amount the employer advanced toward the payments is paid, the employer may deduct the remaining amounts from any amounts owed by the employer to the employee or may seek to recover those amounts by any other legal means.
(4) An employee who alleges a violation of this section may bring a civil action under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820.

10.095 Duty of jury; instructions.

The jury, subject to the control of the court, in the cases specified by statute, are the judges of the effect or value of evidence addressed to them, except when it is thereby declared to be conclusive. They are, however, to be instructed by the court on all proper occasions:

(1) That their power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion, and in subordination to the rules of evidence;
(2) That they are not bound to find in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less number, or against a presumption or other evidence satisfying their minds;
(3) That a witness false in one part of the testimony of the witness may be distrusted in others;
(4) That the testimony of an accomplice ought to be viewed with distrust, and the oral admissions of a party with caution;
(5) That in civil cases the affirmative of the issue shall be proved, and when the evidence is contradictory, the finding shall be according to the preponderance of evidence;
(6) That in criminal cases a person is innocent of a crime or wrong until the prosecution proves otherwise, and guilt shall be established beyond reasonable doubt;
(7) That evidence is to be estimated, not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce and of the other to contradict; and, therefore,
(8) That if weaker and less satisfactory evidence is offered when it appears that stronger and more satisfactory was within the power of the party, the evidence offered should be viewed with distrust.

10.097 Prohibition of identification of jurors by name in open proceedings.

(1) A juror may not be identified by name in any court proceeding open to the public.
(2) Notwithstanding subsection (1) of this section, a court shall ensure that the names of jurors are available to the parties to a proceeding unless the court determines that there is good cause to order otherwise.

10.100 View of premises by jury.

Whenever, in the opinion of the court, it is proper that the jury should have a view of real property which is the subject of the litigation, or of the place in which any material fact occurred, it may order the jury to be conducted in a body, in the custody of a proper officer, to the place, which shall be shown to them by the judge or by a person appointed by the court for that purpose. While the jury are thus absent, no person, other than the judge or person so appointed, shall speak to them on any subject connected with the trial.

10.105 Jury service term.

The length of a jury service term in a county shall be established by the presiding judge for the judicial district, but no trial juror shall be required to serve more than 10 days unless necessary to complete the trial of an action. A day of service is each day during a jury service term on which a juror is required to attend and attends.

10.107 Implementation of "one day, one trial" jury service.

The Chief Justice of the Supreme Court shall take all reasonable actions necessary to expedite implementation of juror service procedures for circuit courts that will allow a person called for jury service to serve for one day, or for one trial if selected to serve on a trial.

10.115 Jurors with disabilities.

(1) As used in this section:

(a) "Assistive communication device” means any equipment designed to facilitate communication by a person with a disability.
(b) "Juror with a disability” means a person who is hard of hearing or speech impaired, who is summoned to serve as a juror and whose name is drawn for grand jury or trial jury service.
(c) "Qualified interpreter” means a person who is readily able to communicate with a juror with a disability, accurately communicate the proceedings to the juror and accurately repeat the statements of the juror.

(2) The court to which a juror with a disability is summoned, upon written request by the juror and upon a finding by the court that the juror requires the services of a qualified interpreter or the use of an assistive communication device in examination of the juror as to the juror’s qualifications to act as a juror or in performance by the juror of the functions of a juror, shall appoint a qualified interpreter for the juror and shall fix the compensation and expenses of the interpreter and shall provide an appropriate assistive communication device if needed. The compensation and expenses of an interpreter so appointed and the cost of any assistive communication device shall be paid by the public authority required to pay the fees due to the juror.
(3) An oath or affirmation shall be administered to a qualified interpreter appointed for a juror with a disability, in substance that the interpreter will accurately communicate the proceedings to the juror and accurately repeat the statements of the juror.
(4) A qualified interpreter appointed for a juror with a disability, or a person operating an assistive communication device for a juror with a disability, shall be present during deliberations by the jury on which the juror serves. An interpreter or person operating an assistive communication device may not participate in the jury deliberations in any manner except to facilitate communication between the juror with a disability and the other jurors or other persons with whom the jurors may communicate, and the court shall so instruct the jury and the interpreter.
(5) When a juror with a disability serves on a trial jury, the court shall instruct the jury on the presence of the qualified interpreter or person operating an assistive communication device.

10.125 Security for jury sequestered or kept overnight.

When a jury is kept overnight or otherwise sequestered and the sheriff is ordered to provide security for the jury by a judge or clerk of court of the court to which the jurors were summoned, the sheriff shall provide that security. The cost of providing the security shall be paid by the county.

Selection and Summoning of Grand Jurors and Trial Jurors in Circuit Courts

10.205 Selection and summoning of jurors; identification numbers.

(1) ORS 10.205 to 10.265 govern the selection and summoning of persons for service as grand jurors or trial jurors in the circuit court in a county.
(2) The presiding judge for the judicial district may authorize the use of juror identification numbers in place of juror names in the performance of functions under ORS 10.215 to 10.265, 132.020 and ORCP 57 B for the selection of jurors in the county, except for functions under ORS 10.215 (4), when to do so would promote the efficiency of the selection process, but the selection must be done randomly.

10.215 Master jury list; sources; contents.

(1) The State Court Administrator shall cause to be prepared at least once each year a master jury list containing names selected at random from the source lists. The source lists are the most recent list of electors of the county, the records furnished by the Department of Transportation as provided in ORS 802.260 (2) and any other sources approved by the Chief Justice of the Supreme Court that will furnish a fair cross section of the citizens of the county. The State Court Administrator and circuit courts may use source lists obtained from any person or public body, and jury lists containing names selected from a source list, only for purposes consistent with administering the selection and summoning of persons for service as jurors, the drawing of names of jurors, and other tasks necessary to accomplish those functions. Source lists may not contain and the State Court Administrator is not required to obtain information about individuals who are participants in the Address Confidentiality Program under ORS 192.820 to 192.868. Except as specifically provided by law, the State Court Administrator and circuit courts may not disclose source lists obtained from any person or public body, and jury lists containing names selected from a source list, to any other person or public body.
(2) A public body having custody, possession or control of any list that may be used as a source list for preparation of a master jury list, upon written request by the State Court Administrator, shall make its list available at any reasonable time and, except as otherwise provided in ORS 802.260, without charge to the State Court Administrator for inspection or copying. The public body, upon written request by the State Court Administrator, shall provide a copy of its list for the date and in the form requested to the State Court Administrator. Except as otherwise provided in ORS 802.260, the copy shall be provided without charge.
(3) The number of names placed on a master jury list shall be sufficient to meet the projected need for grand jurors and trial jurors in the circuit court in the county, but the total number may not be less than two percent of the population of the county according to the latest federal decennial census.
(4) A master jury list shall contain the first name, the surname, the place of residence and, if assigned, the juror identification number of each person whose name is placed thereon.
(5) A master jury list for a circuit court shall be certified by the State Court Administrator to have been prepared in compliance with the requirements of this section. A certified copy of the master jury list shall be provided to the circuit court for the county as soon as possible after the list is prepared.
(6) A newly filed master jury list shall be maintained separately from the previously filed master jury list. The presiding judge shall designate when a newly filed master jury list becomes effective. After a newly filed master jury list becomes effective, names of persons for a jury list for a panel or term must be selected for a jury list for a panel or term from the newly filed master jury list and from names of any persons from the previously filed master jury list whose service was deferred. When a newly filed master jury list becomes effective, all orders, records and papers prepared in connection with the selection process based on the previously filed master jury list shall be preserved by the trial court administrator and State Court Administrator for the period prescribed by the State Court Administrator under ORS 8.125.
(7) The State Court Administrator may make adjustments to the master jury list, and may authorize the presiding judge of a judicial district to make adjustments to a jury list for a panel or term, for the purpose of updating the addresses of persons appearing on the lists and removing the names of persons who are deceased, permanently ineligible for jury service or permanently excused from jury service. The State Court Administrator shall ensure that a record is maintained of all adjustments to jury lists made under this subsection.
(8) For the purposes of this section, “public body” has the meaning given that term in ORS 174.109.

10.235 Additional jurors; selection; notice.

(1) When an additional number of jurors is needed for a jury service term in a county because the jury list for the term becomes exhausted, or in the opinion of the presiding judge for the judicial district is likely to become exhausted, before the end of the term, additional jurors may be selected and summoned as provided in this section.
(2) The presiding judge for the judicial district may order an additional number of names selected from the master jury list and added to the jury list for the panel or term in the same manner as the original jury list is prepared. As directed by the presiding judge of the circuit court, the persons whose names are added to the jury list for the panel or term shall be summoned by the clerk of court giving written notice to each of them by mail or by the sheriff or other officer giving written notice to each of them personally or by leaving written notice at the person’s place of residence with some person of suitable age and discretion. The notice need be given only a reasonable time before the day on which the persons summoned are required to attend.
(3) If the master jury list becomes exhausted or in the opinion of the presiding judge is likely to become exhausted, the presiding judge may order that the clerk of court select an additional number of names from the source lists described in ORS 10.215 (1) and that the persons whose names are so selected be summoned as provided in subsection (2) of this section.
(4) If there is an immediate need for additional jurors, a judge of the circuit court for the county may direct the clerk of court, sheriff or other officer to summon a sufficient number of eligible persons to meet that need. Those persons shall be summoned as directed by the judge.

10.245 Determining eligibility of jurors; eligibility form; effect of false statements or failure to respond.

(1) Before or at the time a person summoned to serve as a juror reports for jury service in a county, a judge of the circuit court for the county or clerk of court shall question the person as to the eligibility of the person to act as a juror under ORS 10.030. If a judge or clerk of court determines that a person so questioned is not eligible to act as a juror, the person shall be discharged.
(2) The presiding judge for the judicial district shall provide a method for a juror to complete a juror eligibility form and return the completed form to the clerk of court by a specified date. The form shall set forth the eligibility requirements prescribed in ORS 10.030.
(3) A person who knowingly makes a false statement of material fact in response to a question on a juror eligibility form may be punished for contempt.
(4) A completed juror eligibility form shall contain the summoned person’s signed declaration that the responses to questions on the form are true to the best of the person’s knowledge and an acknowledgment that a knowingly made false statement of material fact may be punished by a fine or imprisonment or both. Notarization of a completed form shall not be required.
(5) If a person summoned is unable to complete a juror eligibility form, another person may do it for the person summoned. Another person completing a form shall indicate on the form that the person did so and the reason therefor.
(6) If a person summoned fails to return a properly completed juror eligibility form as instructed, a judge of the circuit court may direct the person to appear forthwith and properly complete a form. If the person fails to appear as directed, a judge of the circuit court shall order the person to appear and show cause for that failure. If the person fails to appear pursuant to the order or appears and fails to show good cause, the person may be punished for contempt.
(7) Before or at the time a person summoned reports for jury service, a judge of the circuit court or clerk of court may question the person as to responses to questions on a completed jury eligibility form returned by the person and grounds for any ineligibility of the person to act as a juror. Any pertinent information so acquired shall be noted on the form.
(8) Review by a judge of the circuit court or clerk of court of a completed juror eligibility form returned by a person summoned satisfies the requirement prescribed in subsection (1) of this section that a person summoned be questioned. If a judge or clerk of court determines that a person is not eligible to act as a juror based on a completed form, the person shall be discharged.

10.255 Record of persons summoned to serve as jurors.
The clerk of court shall cause to be prepared a record on all persons summoned to serve as jurors for a jury service term in a county, specifying:

(1) Those who did not attend.
(2) Those who were discharged for ineligibility to act as jurors.
(3) Those who were discharged for any other reason.
(4) Those whose jury service was deferred and the term to which jury service of each was deferred.
(5) Those who attended and were not discharged or deferred.
(6) The per diem fees and mileage due to each entitled thereto.

10.265 Preservation of jury orders, records, and papers.

After the end of a jury service term in a county, all orders, records and papers prepared in connection with the selection and summoning of persons to serve as jurors for the term as provided in ORS 10.235 to 10.255 shall be preserved by the clerk of court for the period established by the State Court Administrator under ORS 8.125.

10.275 Jury challenges; request for access to confidential jury records; order allowing disclosure; exclusive procedure.

(1) A person challenging a jury panel under ORS 136.005 or ORCP 57 A who seeks jury records that are confidential under ORS 10.215 must include a request for access to the confidential records in the motion challenging the jury panel. The motion and supporting affidavit must be served on the trial court administrator and the State Court Administrator. The request must:

(a) Specify the purpose for which the jury records are sought; and
(b) Identify with particularity the relevant jury records sought to be released including the type and time period of the records.

(2) The court may order release of the jury records if the court finds that:

(a) The jury records sought are likely to produce evidence relevant to the motion; and
(b) Production of the jury records is not unduly burdensome.

(3) An order under subsection (2) of this section may include, but need not be limited to:

(a) A requirement that the moving party provide advance payment to the trial court administrator and, if applicable, the State Court Administrator for the reasonable costs of providing copies of the jury records; and
(b) Restrictions on further disclosure of the jury records including, but not limited to:

(A) A requirement that the moving party return all originals and copies to the court at the conclusion of the proceeding;
(B) A requirement that the jury records may be used only for the purpose of supporting the jury panel challenge made in the motion;
(C) A prohibition against distributing the jury records to a person who is not an agent or representative of the moving party; and
(D) A prohibition against contacting or attempting to contact the persons whose names appear on the jury records without specific authorization of the court.

(4) The trial court administrator or the State Court Administrator may intervene at any time as a matter of right as to any issues relating to the release of jury records under this section.
(5) The procedure established by this section is the exclusive means for compelling production of confidential jury records as evidence relevant to a challenge to a jury panel under ORS 136.005 or ORCP 57 A. The procedure established by ORS 138.585 is the exclusive means for compelling production of confidential jury records as evidence in post-conviction relief proceedings under ORS 138.510 to 138.680.

Jury of Inquest

10.810 Definition.

A jury of inquest is a body of six persons, legally qualified to serve as jurors, summoned from the inhabitants of a particular district before the district attorney, sheriff or other ministerial officer, to inquire of particular facts.

10.820 Number of jurors required to concur.

The verdict of a jury of inquest is sufficient if two-thirds of the jurors concur therein.

Penalties

10.990 Penalties.

(1) Violation of ORS 10.080 is a Class B violation.
(2) If a person summoned to serve as a juror in a circuit court fails to attend as required, the court shall order the person to appear forthwith and show cause for that failure. If the person fails to appear pursuant to the order or appears and fails to show good cause, the person may be punished for contempt.
(3) A juror summoned to a court who fails to give attention in court, or who leaves without permission while the court is in session or otherwise fails to complete required jury service without permission, may be punished for contempt of the court.

Uniform Trial Court Rules and Oregon Rules of Civil Procedure

Task Force on Removing Barriers to Jury Service

Jury-Related Uniform Trial Court Rules (UTCRs) and Oregon Rules of Civil Procedure (ORCPs)

Uniform Trial Court Rules (UTCRs)

Website for full UTCRs (opens link to external website)
3.030 Manner of Address

During trial, the litigants and litigants' attorneys must not address adult witnesses, jurors or opposing parties by their first names, and, except in voir dire, must not address jurors individually. Jurors may not be addressed by name but may be addressed by number or by another means ordered by the court.

3.120 Communication with Jurors

(1) Except as necessary during trial, and except as provided in subsection (2), parties, witnesses or court employees must not initiate contact with any juror concerning any case which that juror was sworn to try.
(2) After a sufficient showing to the court and on order of the court, a party may have contact with a juror in the presence of the court and opposing parties when:

(a) There is a reasonable ground to believe that there has been a mistake in the announcing or recording of a verdict; or
(b) There is a reasonable ground to believe that a juror or the jury has been guilty of fraud or misconduct sufficient to justify setting aside or modifying the verdict or judgment

3.150 No Reaction to Jury Verdict

After the jury returns a verdict, all persons present in the courtroom must remain seated until the jury has left the room and must refrain from visibly or audibly reacting to the verdict in a manner which disrupts the dignity of the courtroom.

3.160 Explanation of Proceedings to Jurors

In jury cases, after sustaining a dismissal of the case before verdict, the judge, in dismissing the jury, should, without discussion of the facts, briefly explain the procedure and why a verdict was unnecessary.

3.180 Electronic Recording and Writing

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(4)

(a) A request for permission to engage in electronic recording or writing must be made prior to the start of a proceeding. No fee may be charged.
(b) The granting of permission to any person or entity to engage in electronic recording or writing is subject to the court's discretion, which may include considerations of the need to preserve the solemnity, decorum, or dignity of the court; the protection of the parties, witnesses, or jurors; or whether the requestor has demonstrated an understanding of all provisions of this rule.

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(6) The court has discretion to limit electronic recording of particular components of the proceeding based on one or more of the following factors:

(a) The limitation is necessary to preserve the solemnity, decorum, or dignity of the court or to protect the parties, witnesses, or jurors;

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(7) Notwithstanding any other provision of this rule, the following may not be electronically recorded by any person at any time:
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(f) Any juror anywhere under the control and supervision of the court during the entire course of the trial in which the juror sits.

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6.020 Court Notification on Settlement or Change of Plea

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(3) If parties to a civil action fail to notify the court of a settlement before 12:00 p.m. (noon) of the last judicial day preceding a jury trial, or if the case settles after 12:00 p.m. (noon) of such day, the court may assess on one or both parties the per diem fees and mileage costs of bringing in the jury panel for that particular trial.

6.130 Waiver of Jury Trial in Civil Cases

No waiver of trial by jury in civil cases in circuit court shall be deemed to have occurred unless the parties notify the court of such a waiver before 5:00 p.m. of the last judicial day before trial. Thereafter, a jury trial may not be waived without the consent of the court. Failure to timely notify the court of a waiver before the day of trial may result in an assessment by the judge on one or both of the parties for the per diem fee and mileage costs of bringing in the jury panel for that trial.

6.140 Procedures for Hazardous Substance

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(3) The court, in its discretion, may issue an order concerning any of the following matters:

(a) A jury view and/or photograph in lieu of transportation of the hazardous substance to the courthouse;

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6.160 Controlled Substances in the Courtroom

(1) Unless otherwise ordered by the court, only a representative sample of controlled substances shall be brought into the courtroom to be presented as evidence. Such sample must have been placed in a see-through, heat-sealed container prior to coming into the custody of the court and must not be opened except by order of the court. The remainder may be presented by photograph, videotape, or may be available for viewing by the jury in some secure setting.
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6.170 Juror Handling of Controlled, Hazardous, or Infectious Substances, and Chemicals

Jurors must be advised if any controlled, hazardous, or infectious substances, or chemicals to be handled in the jury room present a danger and must be provided instructions on safe handling, including providing protective devices, if necessary.

7.060 Americans with Disabilities Act (ADA) Accommodation

(1) If an accommodation under the ADA is needed for an individual in a court proceeding, the party needing accommodation for the individual must notify the court in the manner required by the court as soon as possible, but no later than four judicial days in advance of the proceeding. For good cause shown, the court may waive the four-day advance notice.
(2) Notification to the court must provide:

(a) The name of the person needing accommodation;
(b) The case number;
(c) Charges (if applicable);
(d) The nature of the proceeding;
(e) The person's status in the proceeding;
(f) The time, date, and estimated length of the proceeding;
(g) Whether the proceeding is scheduled to be conducted in person at the courthouse or by remote means, and, if by remote means, the type of remote means proceeding (e.g., by telephone, particular mode of video conference, etc.);
(h) The type of disability needing accommodation; and
(i) The type of accommodation, interpreter, or auxiliary aid needed or preferred.

7.090 Expression of Milk

(1) A person requesting an expression of milk accommodation should notify the court as soon as practicable. A request for an accommodation may be made by the person in need of the accommodation or by a party on behalf of the person.
(2) Notification to the court must provide:

(a) The name of the person needing accommodation;
(b) The case number;
(c) The nature of the proceeding;
(d) The person's status in the proceeding;
(e) The time, date, and estimated length of the proceeding;
(f) Whether the proceeding is scheduled to be conducted in person at the courthouse or by remote means, and, if by remote means, the type of remote means proceeding (e.g., by telephone, particular mode of video conference, etc.); and
(g) The type of accommodation needed or preferred.

Oregon Rules of Civil Procedure (ORCPs)

Website for full ORCPs (opens link to external website)
ORCP 50 - Jury Trial

Jury trial of right. The right of trial by jury as declared by the Oregon Constitution or as given by a statute shall be preserved to the parties inviolate.

ORCP 51 - Issues; Trial by Jury or by the Court

A Issues. Issues arise upon the pleadings when a fact or conclusion of law is maintained by one party and controverted by the other.
B Issues of law; how tried. An issue of law shall be tried by the court.
C Issues of fact; of fact; how tried. The trial of all issues of fact shall be by jury unless:

C(1) The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial without a jury; or
C(2) The court, upon motion of a party or on its own initiative, finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of this state.

D Advisory jury and jury trial by consent. In all actions not triable by right to a jury, the court, upon motion of a party or on its own initiative, may try an issue with an advisory jury or it may, with the consent of all parties, order a trial to a jury whose verdict shall have the same effect as if trial to a jury had been a matter of right.

ORCP 56 - Trial by Jury

Trial by jury defined.
A Twelve-person juries. A trial jury in the circuit court is a body of 12 persons drawn as provided in Rule 57. The parties may stipulate that a jury shall consist of any number less than 12 or that a verdict or finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury.
B Six-person juries. Notwithstanding section A of this rule, a jury in circuit court shall consist of six persons if the amount in controversy is less than $10,000.

ORCP 57 - Jurors

A Challenging compliance with selection procedures.

A(1) Motion. Within 7 days after the moving party discovered, or by the exercise of diligence could have discovered, the grounds therefor, and in any event before the jury is sworn to try the case, a party may move to stay the proceedings or for other appropriate relief on the ground of substantial failure to comply with the applicable provisions of ORS chapter 10 in selecting the jury.
A(2) Stay of proceedings. A party may file a motion under subsection A(1) of this rule containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with the applicable provisions of ORS chapter 10 in selecting the jury. The moving party is entitled to present in support of the motion the testimony of the clerk or court administrator, any relevant records and papers not public or otherwise available used by the clerk or court administrator, and any other relevant evidence. If the court determines that in selecting the jury there has been a substantial failure to comply with the applicable provisions of ORS chapter 10, the court must stay the proceedings pending the selection of a jury in conformity with the applicable provisions of ORS chapter 10, or grant other appropriate relief.
A(3) Exclusive means of challenge. The procedures prescribed by this section are the exclusive means by which a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with the applicable provisions of ORS chapter 10.

B Jury; how drawn. When the action is called for trial, the clerk must draw names at random from the names of jurors in attendance until the jury is completed or the names of jurors in attendance are exhausted. If the names of jurors in attendance become exhausted before the jury is complete, the sheriff, under the direction of the court, must summon from the bystanders, or from the body of the county, so many qualified persons as may be necessary to complete the jury. Whenever the sheriff summons more than one person at a time from the bystanders, or from the body of the county, the sheriff must return a list of the persons so summoned to the clerk. The clerk must draw names at random from the list until the jury is completed.
C Examination of jurors. When the full number of jurors has been called, they will be examined as to their qualifications, first by the court, then by the plaintiff, and then by the defendant. The court may regulate the examination in such a way as to avoid unnecessary delay.
D Challenges

D(1) Challenges for cause; grounds. An individual juror does not have a right to sit on a particular jury. Jurors have the right to be free from discrimination in jury service as provided by law. Any juror may be excused for cause, including for a juror's inability to try the issue impartially as provided herein. Challenges for cause may be taken on any one or more of the following grounds:

D(1)(a) The want of any qualification prescribed by ORS 10.030 for a person eligible to act as a juror.
D(1)(b) The existence of a mental or physical impairment that satisfies the court that the challenged person is incapable of performing the essential functions of a juror in the particular action without prejudice to the substantial rights of the challenging party.
D(1)(c) Consanguinity or affinity within the fourth degree to any party.
D(1)(d) Standing in the relation of guardian and ward, physician and patient, master and servant, landlord and tenant, or debtor and creditor to the adverse party; or being a member of the family of, or a partner in business with, or in the employment for wages of, or being an attorney for or a client of the adverse party; or being surety in the action called for trial, or otherwise, for the adverse party.
D(1)(e) Having served as a juror on a previous trial in the same action, or in another action between the same parties for the same cause of action, on substantially the same facts or transaction.
D(1)(f) Interest on the part of the juror in the outcome of the action, or the principal question involved therein.
D(1)(g) Actual bias on the part of a juror. Actual bias is the existence of a state of mind on the part of a juror that satisfies the court, in the exercise of sound discretion, that the juror cannot try the issue impartially and without prejudice to the substantial rights of the party challenging the juror. Actual bias may be in reference to: the action; either party to the action; the sex of the party, the party's attorney, a victim, or a witness; or a racial or ethnic group of which the party, the party's attorney, a victim, or a witness is a member, or is perceived to be a member. A challenge for actual bias may be taken for the cause mentioned in this paragraph, but on the trial of such challenge, although it should appear that the juror challenged has formed or expressed an opinion upon the merits of the cause from what the juror may have heard or read, such opinion shall not of itself be sufficient to sustain the challenge, but the court must be satisfied, from all of the circumstances, that the juror cannot disregard such opinion and try the issue impartially.

D(2) Peremptory challenges; number. A peremptory challenge is an objection to a juror for which no reason need be given, but on which the court must exclude the juror. Either party is entitled to no more than three peremptory challenges if the jury consists of more than six jurors, and no more than two peremptory challenges if the jury consists of six jurors. Where there are multiple parties plaintiff or defendant in the case, or where cases have been consolidated for trial, the parties plaintiff or defendant must join in the challenge and are limited to the number of peremptory challenges specified in this subsection except the court, in its discretion and in the interest of justice, may allow any of the parties, single or multiple, additional peremptory challenges and permit them to be exercised separately or jointly.
D(3) Conduct of peremptory challenges. After the full number of jurors has been passed for cause, peremptory challenges must be conducted by written ballot or outside of the presence of the jury as follows: the plaintiff may challenge one and then the defendant may challenge one, and so alternating until the peremptory challenges are exhausted. After each challenge, the panel must be filled and the additional juror passed for cause before another peremptory challenge may be exercised, and neither party is required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time. The refusal to challenge by either party in the order of alternation will not defeat the adverse party of the adverse party's full number of challenges, but the refusal by a party to exercise a challenge in proper turn will conclude that party as to the jurors once accepted by that party and, if that party's right of peremptory challenge is not exhausted, that party's further challenges will be confined, in that party's proper turn, to any additional jurors as may be called. The court may, for good cause shown, permit a challenge to be taken as to any juror before the jury is completed and sworn, notwithstanding that the juror challenged may have been previously accepted, but nothing in this subsection will be construed to increase the number of peremptory challenges allowed.
D(4) Objection to peremptory challenge exercised on the basis of protected status.

D(4)(a) A party may not exercise a peremptory challenge on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin.
D(4)(b) If a party believes that the adverse party is exercising a peremptory challenge on a basis prohibited under paragraph D(4)(a) of this rule, that party may object to the exercise of the challenge. The basis for the objection must be stated outside of the presence of the jury and must identify the protected status that forms the basis of the objection. The court may also raise this objection on its own. The objection must be made before the court excuses the juror, unless new information is discovered that could not have been reasonably known before the jury was empaneled.
D(4)(c) If there is an objection to the exercise of a peremptory challenge under this rule, the party exercising the peremptory challenge must articulate reasons supporting the peremptory challenge that are not discriminatory. The objecting party may then provide argument and evidence that the given reason is discriminatory or pretext for discrimination. An objection to a peremptory challenge must be sustained if the court finds that it is more likely than not that a protected status under paragraph D(4)(a) of this rule was a factor in invoking the peremptory challenge.
D(4)(d) In making the determination under paragraph D(4)(c) of this rule, the court must consider the totality of the circumstances. The totality of the circumstances may include:
D(4)(d)(i) whether the challenged prospective juror was questioned and the nature of those questions;
D(4)(d)(ii) the extent to which the nondiscriminatory reason given could arguably be considered a proxy for a protected status or might be disproportionately associated with a protected status;
D(4)(d)(iii) whether the party challenged the same juror for cause; and
D(4)(d)(iv) any other factors, information, or circumstances considered by the court.
D(4)(e) The court must explain on the record the reasons for its determination under paragraph D(4)(c) of this rule.

E Oath of jury. As soon as the number of the jury has been completed, an oath or affirmation must be administered to the jurors, in substance that they and each of them will well and truly try the matter in issue between the plaintiff and defendant, and a true verdict give according to the law and evidence as given them on the trial.
F Alternate jurors.

F(1) Definition. Alternate jurors are prospective replacement jurors empanelled at the court's discretion to serve in the event that the number of jurors required under Rule 56 is decreased by illness,
F(2) Decision to allow alternate jurors. The court has discretion over whether alternate jurors will be empanelled. If the court allows, not more than six alternate jurors may be empanelled.
F(3) Peremptory challenges; number. In addition to challenges otherwise allowed by these rules or by any other rule or statute, each party is entitled to one peremptory challenge if one or two alternate jurors are to be empanelled, two peremptory challenges if three or four alternate jurors are to be empanelled, and three peremptory challenges if five or six alternate jurors are to be empanelled. The court will have discretion as to when and how additional peremptory challenges may be used and when and how alternate jurors are selected.
F(4) Duties and responsibilities. Alternate jurors will be drawn in the same manner; will have the same qualifications; will be subject to the same examination and challenge rules; will take the same oath; and will have the same functions, powers, facilities, and privileges as the jurors throughout the trial, until the case is submitted for deliberations. An alternate juror who does not replace a juror may not attend or otherwise participate in deliberations.
F(5) Installation and discharge. Alternate jurors will be installed to replace any jurors who become unable to perform their duties or are found to be disqualified before the jury begins deliberations. Alternate jurors who do not replace jurors before the beginning of deliberations and who have not been discharged may be installed to replace jurors who become ill or otherwise are unable to complete deliberations. If an alternate juror replaces a juror after deliberations have begun, the jury must be instructed to begin deliberations anew.

ORCP 58 - Trial Procedure

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B Manner of proceedings on jury trial. Trial by a jury shall proceed in the following manner unless the court, for good cause stated in the record, otherwise directs:

B(1) The jury must be selected and sworn. Prior to voir dire, each party may, with the court's consent, present a short statement of the facts to the entire jury panel.
B(2) After the jury is sworn, the court will instruct the jury concerning its duties, its conduct, the order of proceedings, the procedure for submitting written questions to witnesses if permitted, and the legal principles that will govern the proceedings.
B(3) The plaintiff may concisely state plaintiff's case and the issues to be tried; the defendant then, in like manner, may state defendant's case based upon any defense or counterclaim or both.
B(4) The plaintiff will introduce the evidence on plaintiff's case in chief, and when plaintiff has concluded, the defendant may do likewise.
B(5) The parties respectively may introduce rebutting evidence only unless the court, in furtherance of justice, permits them to introduce evidence on the original cause of action, defense, or counterclaim.
B(6) When the evidence is concluded, unless the case is submitted by both sides to the jury without argument, the plaintiff may commence and conclude the argument to the jury. The plaintiff may initially waive argument and, if the defendant then argues the case to the jury, the plaintiff will have the right to reply to the argument of the defendant, but not otherwise.
B(7) Not more than two counsel may address the jury on behalf of the plaintiff or defendant. Plaintiff and defendant shall each be afforded a minimum of two hours to address the jury, irrespective of how that time is allocated among that side's counsel.
B(8) After the evidence is concluded, the court will instruct the jury. The court may instruct the jury before or after the closing arguments.
B(9) With the court's consent, jurors may be permitted to submit to the court written questions directed to witnesses or to the court. The court must afford the parties an opportunity, outside of the presence of the jury, to object to questions submitted by jurors.

C Separation of jury before submission of cause; admonition. The jurors may be kept together in charge of a proper officer, or may, in the discretion of the court, at any time before the submission of the cause to them, be permitted to separate; in either case, the jurors may be admonished by the court that it is their duty not to converse with any other person, or among themselves, on any subject connected with the trial, or to express any opinion thereon, until the case is finally submitted to them.
D Proceedings
if juror becomes sick. If, after the formation of the jury, and before verdict, a juror becomes sick, so as to be unable to perform the duty of a juror, the court may order such juror to be discharged. In that case, unless an alternate juror, seated under Rule 57 F, is available to replace the discharged juror or unless the parties agree to proceed with the remaining jurors, a new juror may be sworn, and the trial may begin anew; or the jury may be discharged, and a new jury then or afterwards formed.
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ORCP 59 - Instructions to Jury and Deliberation

A Proposed instructions. Unless otherwise requested by the trial judge on timely notice to counsel, proposed instructions shall be submitted at the commencement of the trial. Proposed instructions upon questions of law developed by the evidence, which could not be reasonably anticipated, may be submitted at any time before the court has instructed the jury. The number of copies of proposed instructions and their form shall be governed by local court rule.
B Charging the jury. In charging the jury, the court shall state to the jury all matters of law necessary for its information in giving its verdict. Whenever the knowledge of the court is by statute made evidence of a fact, the court shall declare such knowledge to the jury, which is bound to accept it as conclusive. The court shall reduce, or require a party to reduce, the instructions to writing. The jury shall take the court's written instructions with it while deliberating upon the verdict. The clerk shall file a copy of the written instructions given to the jury in the court file of the case.
C Deliberation.

C(1) Exhibits. Upon retiring for deliberation the jury may take with them all exhibits received in evidence, except depositions.
C(2) Written statement of issues. Pleadings shall not go to the jury room. The court may, in its discretion, submit to the jury an impartial written statement summarizing the issues to be decided by the jury.
C(3) Copies of documents. Copies may be substituted for any parts of public records or private documents as ought not, in the opinion of the court, to be taken from the person having them in possession.
C(4) Notes. Jurors may take notes of the testimony or other proceeding on the trial and may take such notes into the jury room.
C(5) Custody of and communications with jury. After hearing the charge and submission of the cause to them, the jury shall retire for deliberation. When they retire, they must be kept together in some convenient place, under the charge of an officer, until they agree upon their verdict or are allowed by the court to separate or are discharged by the court. Unless by order of the court, the officer must not suffer any communication to be made to them, or make any personally, except to ask them if they are agreed upon a verdict, and the officer must not, before their verdict is rendered, communicate to any person the state of their deliberations, or the verdict agreed upon. Before any officer takes charge of a jury, this subsection shall be read to the officer who shall be then sworn to follow its provisions to the utmost of such officer's ability.
C(6) Separation during deliberation. The court in its discretion may allow the jury to separate during its deliberation when the court is of the opinion that the deliberation process will not be adversely affected. In such cases the court will give the jury appropriate cautionary instruction.
C(7) Juror's use of private knowledge or information. A juror shall not communicate any private knowledge or information that the juror may have of the matter in controversy to other jurors nor shall the juror be governed by the same in giving his or her verdict.

D Further instructions. After retirement for deliberation, if the jury requests information on any point of law, the judge may require the officer having them in charge to conduct them into court. Upon the jury being brought into court, the information requested, if given, shall be given either orally or in writing in the presence of, or after notice to, the parties or their counsel.
E Comments on evidence. The judge shall not instruct with respect to matters of fact, nor comment thereon.
F Discharge of jury without verdict.

F(1) When jury may be discharged. The jury shall not be discharged after the cause is submitted to them until they have agreed upon a verdict and given it in open court unless:
F(1)(a) At the expiration of such period as the court deems proper, it satisfactorily appears that there is no probability of an agreement; or
F(1)(b) An accident or calamity requires their discharge; or
F(1)(c) A juror becomes ill as provided in Rule 58 D.
F(2) New trial when jury discharged. Where the jury is discharged without giving a verdict, either during the progress of the trial or after the cause is submitted to them, the action may be again tried immediately, or at a future time, as the court directs.

G Return of jury verdict.

G(1) Declaration of verdict. When the jurors have agreed upon their verdict, they shall be conducted into court by the officer having them in charge. The court shall inquire whether they have agreed upon their verdict. If the foreperson answers in the affirmative, it shall be read.
G(2) Number of jurors concurring. In civil cases three-fourths of the jury may render a verdict.
G(3) Polling the jury. When the verdict is given, and before it is filed, the jury may be polled on the request of a party, for which purpose each juror shall be asked whether the verdict is the juror's verdict. If fewer jurors answer in the affirmative than the number required to render a verdict, the jury shall be sent out for further deliberations.
G(4) Informal or insufficient verdict. If the verdict is informal or insufficient, it may be corrected by the jury under the advice of the court, or the jury may be required to deliberate further.
G(5) Completion of verdict; form and entry. When a verdict is given and is such as the court may receive, the clerk shall file the verdict. Then the jury shall be discharged from the case.

H Necessity of noting exception on error in statement of issues or instructions given or refused.

H(1) Statement of issues or instructions given or refused. A party may not obtain appellate review of an asserted error by a trial court in submitting or refusing to submit a statement of issues to a jury pursuant to subsection C(2) of this rule or in giving or refusing to give an instruction to a jury unless the party seeking review identified the asserted error to the trial court and made a notation of exception immediately after the court instructed the jury or at such other time as the trial court directed. The requirements of this rule do not preclude an appellate court from reviewing asserted errors in jury statements or instructions for legal errors that are apparent on the record.
H(2) Exceptions must be specific and on the record. The notation of exception required by subsection (1) of this section must be made orally on the record or in a writing filed with the court and must identify with particularity the points on which the exception is based. In noting an exception, a party may incorporate by reference the points that the party previously made with particularity on the record regarding the statement or instruction to which the exception applies.

ORCP 61 - Verdicts, General and Special

A General verdict.

A(1) A general verdict is that by which the jury pronounces generally upon all or any of the issues either in favor of the plaintiff or defendant.
A(2) When a general verdict is found in favor of a party asserting a claim for the recovery of money, the jury shall also assess the amount of recovery. A specific designation by a jury that no amount of recovery shall be had complies with this subsection.

B Special verdict. The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issue so omitted unless before the jury retires such party demands its submission to the jury. As to an issue omitted without such demand, the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
C General verdict accompanied by answer to interrogatories. The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and the answers shall be entered. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial.
D Action for specific personal property. In an action for the recovery of specific personal property, where any party who alleges a right to possession of such property is not in possession at the time of trial, in addition to any general verdict or other special verdict, the court shall require the jury to return a special verdict in the form of (1) a special written finding on the issue of the right to possession of any party alleging a right to possession, and (2) an assessment of the value of the property.

ORCP 64 - New Trials

A New trial defined. A new trial is a re-examination of an issue of fact in the same court after judgment.
B Jury trial; grounds for new trial. A former judgment may be set aside and a new trial granted in an action where there has been a trial by jury on the motion of the party aggrieved for any of the following causes materially affecting the substantial rights of such party:

B(1) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court, or abuse of discretion, by which such party was prevented from having fair trial.
B(2) Misconduct of the jury or prevailing party.
B(3) Accident or surprise which ordinary prudence could not have guarded against.
B(4) Newly discovered evidence, material for the party making the application, which such party could not with reasonable diligence have discovered and produced at the trial.
B(5) Insufficiency of the evidence to justify the verdict or other decision, or that it is against law.
B(6) Error in law occurring at the trial and objected to or excepted to by the party making the application.

C New trial in case tried without a jury. In an action tried without a jury, a former judgment may be set aside and a new trial granted on motion of the party aggrieved on any grounds set forth in section B of this rule where applicable. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
* * *

Example Summons Forms

The jury summons form is in a post card that includes information on the front and back of the card. Below is a description of the information contained in three examples of jury summons for the Sherman County Circuit Court.

Example 1: Official Petit Juror Summons

Front of Card Contains:

Oregon Judicial Department Logo
Mailing address for the Sherman County Circuit Court
Space for postage
Space for the contact information for whom the postcard is being sent (first, middle, and last name, suffix, and address)
Space for the mailing information (e.g., bundle, container, pallet, sort order, etc.)
Space for the Juror ID and Juror No.
A red text box reads “Official Petit Juror Summons Respond within 10 Days"
A message at the bottom reads “Bring this postcard when you appear"

Back of Card

Jury Service Instructions
Step 1 - Respond to Summons

Text reads: “Using your computer or smartphone, complete the questionnaire at the Jury Duty website: www.courts.oregon.gov/shermanresponse. To use your smartphone, open the camera app, hold your device so that the QR code appears on the screen. Click the link. If you are unable to complete the questionnaire online call. Please watch the jury orientation videos at the Jury Duty website before your service.”
There is an image of a QR code and spaces for the juror ID and court phone number

Step 2 - Check Reporting Status

Text reads “For questions on jury duty, call. The court will send separate communication for trial with instructions on when to report to the courthouse or when to check back. Information can also be found on the Jury Duty website.”
A grey table contains space for the start date, a 12 month term of service, space for a Juror No., and space for the address of the reporting location.
There is space for a phone number to call with questions on jury duty

A note in red at the bottom reads “Bring This Postcard When you Appear”

Example 2: Official Grand Juror Summons

Front of Card contains:

Same information as in Example 1 above, except the red text box reads “Official Grand Juror Summons Respond within 10 Days”

Back of Card

Jury Service Instructions
Step 1 - Respond to Summons

Contains same information as in Example 1 above

Step 2 - Check Reporting Status

Contains same information as Example 1 above, except the term of service in the table is listed as 6 months and it reads "The court will send separate communication for orientation..." instead of "The court will send separate communication for trial..."

A note in red at the bottom reads “Bring This Postcard When you Appear”

Example 3: Official Juror Summons

Front of Card contains:

Same information as in Example 1 above, except the text box is green and reads “Official Juror Summons Respond within 10 Days”

Back of Card

Jury Service Instructions
Step 1 - Respond to Summons

Contains same information as in Example 1 above

Step 2 - Check Reporting Status

Text reads “View the jury schedule at the Jury Duty website. Begin calling on the Friday before your start date after 5:00PM. Follow the Jury Duty website instructions on when to report to the courthouse or when to check back.”
A grey table includes space for the start date, term of service (listed as “review jury duty website”), Juror No., and space for the address of the reporting location

Meeting Archives: March 12, 2026

March 12, 2026

Index

Agenda

Task Force on Removing Barriers to Jury Service

Meeting #2: Jury Basics, the Right to a Jury Trial, and Jury Service in Oregon Circuit Courts

March 12, 2026

Roll Call

Ratify Prior Meeting Minutes

Gifts and Public Officials

Glossary & Relevant Authorities

Jury Rights in Oregon

Jury Service Overview: Oregon Circuit Courts

Where We Are Going From Here

Public Comment

Materials

Meeting Materials

Draft/Unvoted on Prior Meeting Minutes

Draft - Meeting Minutes (to be voted on at the 3/12/26 meeting)

Task Force on Removing Barriers to Jury Service

Date: January 22, 2026

Time: 11:45 a.m.

Location: Webex Webinar

Members in Attendance: Representative Tom Andersen, Representative Kim Wallan, Bryan Brock, Kia Tolbert, Tim Dooley, Honorable Matthew Shirtcliff, Royce Williams, Honorable Tucker Rossetto, Keren Farkas, Chair Kimberly McCullough, Senator James I. Manning, Jr., Nansi López

Members Not in Attendance: Senator Kim Thatcher, Derek Sangston, Honorable Chanpone Sinlapasai

Presenters/Speakers: State Court Administrator Nancy Cozine, Chief Justice Meagan Flynn, Aaron Knott, Director of Government Relations and Communications, Sam Dupree, Senior Assistant General Counsel, and Lindsey Detweiler, Deputy General Counsel, Oregon Judicial Department

Quorum: Yes (8 voting members present)

Welcome

Introductions of Task Force Members

Overview of SB 1175

Task Force Rules

Task Force Website

Discussion of Public Records and Open Meetings Law

Where We Are Going From Here

Public Comment

Glossary

Task Force on Removing Barriers to Jury Service: Glossary

US and Oregon Constitutional Provisions

Task Force on Removing Barriers to Jury Service Constitutional Provisions Regarding Juries

United States Constitution

Oregon Constitution

Oregon Revised Statutes Chapter 10

Task Force on Removing Barriers to Jury Service

Oregon Revised Statutes Chapter 10

Oregon Revised Statutes Chapter 10 (opens link to external website)

General Provisions

Selection and Summoning of Grand Jurors and Trial Jurors in Circuit Courts

Jury of Inquest

Penalties

Uniform Trial Court Rules and Oregon Rules of Civil Procedure

Task Force on Removing Barriers to Jury Service

Jury-Related Uniform Trial Court Rules (UTCRs) and Oregon Rules of Civil Procedure (ORCPs)

Uniform Trial Court Rules (UTCRs)

Oregon Rules of Civil Procedure (ORCPs)

Example Summons Forms

Example 1: Official Petit Juror Summons

Example 2: Official Grand Juror Summons

Example 3: Official Juror Summons

Additional Examples Coming Soon...