ORS Chapter 136: Criminal Trials

§ 136.001 Right to jury trial; waiver § 136.005 Challenge to jury panel § 136.010 When issue of fact arises § 136.030 How issues are tried § 136.040 When presence of defendant is necessary § 136.050 Reasonable doubt as to degree of crime committed by defendant § 136.060 Jointly charged defendants to be tried jointly; exception § 136.070 Postponement of trial § 136.080 Deposition of witness as condition of postponement § 136.090 Procedure for taking deposition § 136.100 Filing and use of deposition § 136.110 Commitment of defendant after release § 136.120 Dismissal when prosecutor unready for trial; effect on subsequent prosecution; release of defendant § 136.145 Setting of court dates when presence of victim required § 136.210 Jury number; examination § 136.220 Challenge for implied bias § 136.230 Peremptory challenges § 136.240 Challenge of accepted juror § 136.250 Taking of challenges; number of challenges if two or more defendants § 136.260 Selection of alternate jurors; peremptory challenges § 136.270 Oath, conduct and attendance of alternate jurors at trial § 136.280 Substitution of alternate for discharged juror; retention and discharge of alternates § 136.285 Priority in trial schedule for defendants in custody § 136.290 Limit on custody of defendant prior to trial; release if limit exceeded § 136.295 Application of ORS 136.290; when extensions granted § 136.300 Time limit on appeals to circuit court § 136.310 Function of court; effect of judicial notice of a fact § 136.320 Function of jury; jury to receive law as laid down by court § 136.325 Jury not to be informed of and not to consider punishment that may be imposed § 136.330 Trial procedure; polling jurors in writing § 136.345 When attendance of woman officer is required § 136.347 Appointment, duties and compensation of woman officer § 136.415 Presumption of innocence; acquittal in case of reasonable doubt § 136.420 Testimony to be given orally in court; exceptions § 136.425 Confessions and admissions; corroboration; defendant’s conduct in relation to declaration or act of another § 136.427 Confessions; corroboration not required; notice; hearing § 136.430 Civil laws of evidence in criminal trials; exceptions § 136.432 Limitation on court’s authority to exclude relevant evidence § 136.433 Proving previous conviction; stipulation; presentation to jury § 136.434 Challenge to validity of previous conviction § 136.435 Admissibility of evidence from felony defendant not informed as required under ORS 135.070 § 136.437 Use of evidence in prosecution of prostitution offense § 136.440 Testimony of accomplice; corroboration; “accomplice” defined § 136.445 Motion for acquittal; standard for granting motion; effect § 136.447 Medical records § 136.450 Number of jurors required for verdict § 136.455 General verdict on plea of not guilty § 136.460 Verdict where crime consists of degrees; lesser included offenses § 136.465 Verdict where crime or attempt included within charge § 136.470 Conviction or acquittal of one or more of several defendants § 136.475 Verdict as to some of several defendants; retrial of others § 136.480 Reconsideration of verdict when jury makes mistake as to law § 136.485 Reconsideration of verdict which is not general verdict § 136.490 Discharge of defendant upon acquittal; exception § 136.495 Proceedings after adverse general verdict § 136.500 Motion in arrest of judgment; basis and time for making § 136.505 Effect of allowance of motion § 136.515 Order when evidence shows guilt; new accusatory instrument § 136.525 Order when evidence is insufficient; acquittal § 136.535 New trial; application of ORCP 64 F to motion in arrest of judgment § 136.555 Subpoena defined § 136.557 Issuance of subpoena by magistrate for witnesses at preliminary examination § 136.563 Issuance of subpoena by district attorney for witnesses before grand jury § 136.565 Issuance of subpoena by district attorney for witnesses at trial § 136.567 Issuance of subpoena for witnesses for defendant; bar to dismissal § 136.570 Application for subpoenas for more than 10 witnesses § 136.575 Forms of subpoenas § 136.580 Subpoenas when books, papers or documents are required § 136.583 Seizure or production of papers, documents or records from recipient; notice; authentication § 136.585 By whom subpoena is served § 136.595 How subpoena is served; proof of service; service on law enforcement agency § 136.600 Certain civil procedures applicable in criminal context § 136.602 Witness fees payable by county; method of payment; defense witness fees payable by defendant § 136.603 Payment of witness who is from outside state or is indigent § 136.608 Application procedure § 136.611 Court action upon receipt of application § 136.612 Hearing; security amount; vacation or modification of order § 136.614 Witness held in detention facility; payment § 136.616 Deposition to perpetuate testimony; procedure § 136.617 Motion to compel witness who may be incriminated to testify § 136.619 Immunity of witness compelled to testify § 136.623 Definitions § 136.625 Where witness material to proceeding in another state is in this state § 136.627 Where witness material to proceeding in this state is in another state § 136.633 Immunity of witness from arrest or service of process § 136.635 Construction of ORS 136.623 to 136.637 § 136.637 Short title § 136.643 Defendant as witness § 136.645 Codefendant as witness § 136.655 Spouse as witness § 136.675 Conditions for use of testimony of persons subjected to hypnosis § 136.685 Required explanations by law enforcement personnel to hypnosis subject; consent of subject required § 136.695 Evidence obtained in violation of ORS 136.675 or 136.685 inadmissible § 136.760 Definitions for ORS 136.765 to 136.785 § 136.765 Notice to defendant § 136.770 Enhancement fact related to offense § 136.773 Enhancement fact related to defendant § 136.776 Effect of waiver of right to jury trial § 136.780 Evidence § 136.785 Burden of proof; effect of finding § 136.790 Notice to defendant upon remand § 136.792 Jury upon remand § 136.020 [Repealed by 1973 c.836 §358] § 136.130 [Amended by 1973 c.836 §229; repealed by 2017 c.529 §26] § 136.140 [Amended by 1973 c.836 §230; repealed by 2017 c.529 §26] § 136.150 [Amended by 1963 c.503 §1; repealed by 1971 c.743 §432] § 136.160 [Amended by 1965 c.551 §1; repealed by 1971 c.743 §432] § 136.340 [Repealed by 1973 c.836 §358] § 136.350 [Repealed by 1973 c.836 §358] § 136.360 [Repealed by 1961 c.288 §2] § 136.370 [Repealed by 1961 c.288 §2] § 136.380 [Repealed by 1961 c.288 §2] § 136.390 [Amended by 1957 c.380 §1; repealed by 1971 c.743 §432] § 136.400 [Repealed by 1971 c.743 §432] § 136.410 [Repealed by 1971 c.743 §432] § 136.510 [Amended by 1973 c.836 §237; renumbered 136.430] § 136.520 [Renumbered 136.415] § 136.530 [Renumbered 136.420] § 136.540 [Amended by 1957 c.567 §1; renumbered 136.425] § 136.545 [1963 c.511 §2; 1973 c.836 §238; renumbered 136.435] § 136.550 [Amended by 1973 c.836 §239; renumbered 136.440] § 136.560 [Amended by 1957 c.551 §1; 1959 c.302 §1; repealed by 1971 c.743 §432] § 136.605 [1957 c.576 §1; 1973 c.836 §240; renumbered 136.445] § 136.607 [Formerly 139.150; 1977 c.746 §9; repealed by 1995 c.657 §18] § 136.609 [Formerly 139.160; 1977 c.746 §10; repealed by 1995 c.657 §18] § 136.610 [Amended by 1973 c.836 §241; renumbered 136.450] § 136.613 [Formerly 139.170; 1977 c.746 §11; repealed by 1995 c.657 §18] § 136.615 [Formerly 139.180; repealed by 1995 c.657 §18] § 136.620 [Amended by 1973 c.836 §242; renumbered 136.455] § 136.630 [Repealed by 1973 c.836 §358] § 136.640 [Repealed by 1973 c.836 §358] § 136.650 [Amended by 1973 c.836 §243; renumbered 136.460] § 136.660 [Amended by 1973 c.836 §244; renumbered 136.465] § 136.670 [Amended by 1973 c.836 §245; renumbered 136.470] § 136.680 [Amended by 1973 c.836 §246; renumbered 136.475] § 136.690 [Renumbered 136.480] § 136.700 [Amended by 1973 c.836 §247; renumbered 136.485] § 136.710 [Amended by 1973 c.836 §248; renumbered 136.490] § 136.720 [Amended by 1973 c.836 §249; renumbered 136.495] § 136.730 [Repealed by 1971 c.743 §432] § 136.750 [1993 c.379 §1; renumbered 153.805 in 1995] § 136.753 [1993 c.379 §2; renumbered 153.808 in 1995] § 136.756 [1993 c.379 §3; renumbered 153.810 in 1995] § 136.810 [Amended by 1973 c.836 §250; renumbered 136.500] § 136.820 [Renumbered 136.505] § 136.830 [Amended by 1973 c.836 §251; renumbered 136.515] § 136.840 [Amended by 1973 c.836 §252; renumbered 136.525] § 136.850 [Repealed by 1971 c.565 §17 (136.851 enacted in lieu of 136.850)] § 136.851 [1971 c.565 §18 (136.851 enacted in lieu of 136.850); 1973 c.836 §253; renumbered 136.535]