reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.260 - Selection of alternate jurors; peremptory challenges.

(1)(a) In the trial of a person charged with a crime, the court may in its discretion direct the calling of additional jurors, to be known as "alternate jurors." The court may call:
(A) One to six additional jurors if the person is charged with a felony; and
(B) One to three additional jurors if the person is charged with a misdemeanor.
(b) Jurors called under paragraph (a) of this subsection:
(A) Must be drawn from the same source and in the same manner and must have the same qualifications as other jurors in the case.
(B) Are subject to the same examination and may be challenged in the same manner as other jurors.
(c) In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which the jurors shall serve as alternates must be excluded from the names from which the drawing is made.
(2) Each side is entitled to the following peremptory challenges in addition to those otherwise allowed by statute:
(a) If one or two alternate jurors are to be impaneled, each side is entitled to one peremptory challenge.
(b) If three or four alternate jurors are to be impaneled, each side is entitled to two peremptory challenges.
(c) If five or six alternate jurors are to be impaneled, each side is entitled to three peremptory challenges.
(3) The court has discretion to decide:
(a) When and in what manner the alternate jurors are selected;
(b) When and in what manner the additional peremptory challenges described in subsection (2) of this section may be used; and
(c) When and in what manner the alternate jurors are informed of their status as alternate jurors. [Amended by 1991 c.725 §1; 2003 c.358 §1; 2017 c.359 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.270 - Oath, conduct and attendance of alternate jurors at trial.

Alternate jurors shall take the same oath and shall be subject to the same laws, orders and rules, including any order preventing the separation of the jury during the trial, shall be seated near the other jurors in the case, with equal opportunity and facilities for seeing and hearing the proceedings and shall attend at all times upon the trial of the case in company with the other jurors.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.280 - Substitution of alternate for discharged juror; retention and discharge of alternates.

(1) If, before the final submission of the case, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case. The court shall draw the name of an alternate juror, who shall then become a member of the jury, replacing the discharged juror as though the alternate juror had been selected as one of the original jurors.
(2) If, after the jury has begun deliberations, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case and may draw the name of an alternate juror to replace the discharged juror if:
(a) An alternate juror is available and has not yet been discharged; and
(b) Both parties agreed to the substitution after the jury was selected but prior to the beginning of the trial.
(3) If an alternate juror replaces a juror under this section after deliberations have begun, the court shall instruct the jury to begin deliberations anew.
(4) The court may retain alternate jurors after the case is submitted to the jury to replace jurors as provided in subsection (2) of this section. An alternate juror retained under this subsection shall not attend or otherwise participate in deliberations unless the alternate juror is selected to replace a juror.
(5) An alternate juror who does not replace a juror as provided in subsection (1) or (2) of this section and who is not retained as provided in subsection (4) of this section shall be discharged after deliberations have begun. [Amended by 1991 c.725 §3; 2005 c.463 §§18,19; 2007 c.16 §8; 2017 c.359 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.290 - Limit on custody of defendant prior to trial; release if limit exceeded.

(1) Except as provided in ORS 136.295, a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest unless the trial is continued with the express consent of the defendant. Absent the consent of the defendant or an extension under ORS 136.295, the court shall order that the trial of the defendant commence within 60 days after arrest if the state is prepared to proceed to trial.
(2) If a trial is not commenced within the period required by subsection (1) of this section, the court shall release the defendant on the own recognizance of the defendant, or in the custody of a third party, or upon whatever additional reasonable terms and conditions the court deems just as provided in ORS 135.230 to 135.290. [1971 c.323 §§3,4; 1973 c.836 §235; 1999 c.923 §1; amendments by 1999 c.923 §3 repealed by 2001 c.870 §19]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.300 - Time limit on appeals to circuit court.

A defendant who is in custody pending an appeal to circuit court from a judgment of a municipal court or justice court shall have the appeal of the defendant heard not more than 60 days after the defendant gives notice of appeal. [1971 c.323 §6; 1977 c.290 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.310 - Function of court; effect of judicial notice of a fact.

All questions of law, including the admissibility of testimony, the facts preliminary to such admission and the construction of statutes and other writings and other rules of evidence shall be decided by the court. All discussions of law shall be addressed to it. 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, except as provided in ORS 40.085. [Amended by 1983 c.433 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.320 - Function of jury; jury to receive law as laid down by court.

Although the jury may find a general verdict, which includes questions of law as well as fact, it is bound, nevertheless, to receive as law what is laid down as such by the court; but all questions of fact, other than those mentioned in ORS 136.310, shall be decided by the jury, and all evidence thereon addressed to it.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.325 - Jury not to be informed of and not to consider punishment that may be imposed.

Except as required in ORS 161.313 and 163.150, the jury in a criminal proceeding may not be informed of, and may not consider, any punishment that the court may impose if the defendant is convicted of the charge. [1997 c.852 §10]
Note:
136.325 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.330 - Trial procedure; polling jurors in writing.

(1) ORS 10.100 and ORCP 58 B, C and D and 59 B through F and G(1), (3), (4) and (5), apply to and regulate the conduct of the trial of criminal actions. The jury in a criminal action may, in the discretion of the court, be polled in writing. If the jury is polled in writing, the written results shall be sealed and placed in the court record.
(2) ORCP 59 H applies to and regulates exceptions in criminal actions. [Amended by 1959 c.558 §31; 1979 c.284 §113; 1985 c.703 §27]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.345 - When attendance of woman officer is required.

Whenever any woman or girl is interrogated with reference to the commission of any sexual crime, is accused of or charged with the commission of any sexual crime before any committing magistrate and is taken into custody therefor, or is called as a witness at a hearing before a committing magistrate with reference to any such class of crimes, and whether such crime has been committed by her or by some other person, she shall only be orally examined by or in the presence of a woman officer, appointed as provided in ORS 136.347. [Formerly 133.770]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.347 - Appointment, duties and compensation of woman officer.

The court or officer before whom any female person mentioned in ORS 136.345 is interrogated, taken into custody or called as a witness, shall appoint some suitable female person who shall conduct or be present at the examination of such accused person or witness or receive or be present at the receiving or making of any confession or statement which such accused person or witness desires to make. The compensation of any such person, when so appointed, shall be paid out of the general funds of the county wherein such proceeding is had by the county treasurer of the county, upon vouchers signed by the judge of the court or the officer making such appointment, which vouchers shall certify the nature and extent of the services performed and the amount of compensation due the person in whose favor the same is drawn. [Formerly 133.780]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.415 - Presumption of innocence; acquittal in case of reasonable doubt.

A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted. [Formerly 136.520]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.420 - Testimony to be given orally in court; exceptions.

In a criminal action, the testimony of a witness shall be given orally in the presence of the court and jury, except:
(1) In the case of a witness whose testimony is taken by deposition by order of the court in pursuance of the consent of the parties, as provided in ORS 136.080 to 136.100; or
(2) As provided in ORS 131.045. [Formerly 136.530; 2009 c.219 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.425 - Confessions and admissions; corroboration; defendant’s conduct in relation to declaration or act of another.

(1) A confession or admission of a defendant, whether in the course of judicial proceedings or otherwise, cannot be given in evidence against the defendant when it was made under the influence of fear produced by threats.
(2) Except as provided in ORS 136.427, a confession alone is not sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.
(3) Evidence of a defendant’s conduct in relation to a declaration or act of another, in the presence and within the observation of the defendant, cannot be given when the defendant’s conduct occurred while the defendant was in the custody of a peace officer unless the defendant’s conduct affirmatively indicated the belief of the defendant in the truth of the matter stated or implied in the declaration or act of the other person. [Formerly 136.540; 2009 c.875 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.427 - Confessions; corroboration not required; notice; hearing.

(1) A confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed if:
(a) The state files notice in accordance with subsection (3) of this section;
(b) The defendant is charged with a crime listed in ORS 163A.005;
(c) The victim of the crime is a vulnerable person;
(d) The victim is incompetent to testify under ORS 40.310;
(e) The confession is made to a peace officer or a federal officer, as those terms are defined in ORS 133.005, or to an individual conducting an investigation under ORS 430.745, while the officer or individual is acting in the course of official duty; and
(f) The court finds that there is sufficient evidence to establish the trustworthiness of the confession.
(2) In making the determination described in subsection (1)(f) of this section, the court shall consider the following factors, in addition to other factors the court considers important:
(a) Whether there is evidence demonstrating the truthfulness of portions of the confession;
(b) Whether the defendant had the opportunity to commit the crime;
(c) The method of interrogation used to solicit the confession; and
(d) Whether the defendant is a vulnerable person.
(3) The state shall file notice of the intention to rely on this section within 60 days of the arraignment, or of the defendant’s entry of the initial plea on an accusatory instrument, whichever is sooner. The court shall grant the state an extension for good cause shown.
(4) When the state files the notice described in subsection (3) of this section, the court shall conduct a hearing prior to trial. After the hearing, the court shall enter an order that indicates whether the confession alone is sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.
(5) As used in this section:
(a) "Activities of daily living" includes dressing, eating, toileting, bathing, exercising appropriate personal hygiene practices and moving from place to place.
(b) "Vulnerable person" means:
(A) A person under 18 years of age;
(B) A person 65 years of age or older;
(C) A person who meets the medical criteria for the receipt of services from a community program or facility as those terms are defined in ORS 430.735;
(D) A person with a developmental disability as that term is defined in ORS 40.460 (18a)(d); or
(E) A person who, as the result of a diagnosed medical condition, requires assistance in two or more activities of daily living. [2009 c.875 §2]
Note:
136.427 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.432 - Limitation on court’s authority to exclude relevant evidence.

A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any statutory provision unless exclusion of the evidence is required by:
(1) The United States Constitution or the Oregon Constitution;
(2) The rules of evidence governing privileges and the admission of hearsay; or
(3) The rights of the press. [1997 c.313 §1]
Note:
136.432 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.435 - Admissibility of evidence from felony defendant not informed as required under ORS 135.070.

Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 shall not be admissible, over the objection of the defendant, in any court. [Formerly 136.545]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.437 - Use of evidence in prosecution of prostitution offense.

(1) If a person contacts an emergency communications system or a law enforcement agency to report the commission of a person felony, any statements or other evidence relating to the crime of prostitution under ORS 167.007 obtained as a result of the person making the report may not be used in the prosecution of the person for prostitution or attempted prostitution.
(2) The prohibition on the use of statements or other evidence described in this section does not apply to evidence relating to a criminal offense other than prostitution, or to the prosecution of an offense other than prostitution or attempted prostitution.
(3) As used in this section:
(a) "Emergency communications system" has the meaning given that term in ORS 403.105.
(b) "Person felony" has the meaning given that term in the rules of the Oregon Criminal Justice Commission. [2019 c.179 §1]
Note:
136.437 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.440 - Testimony of accomplice; corroboration; "accomplice" defined.

(1) A conviction cannot be had upon the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense or the circumstances of the commission.
(2) As used in this section, an "accomplice" means a witness in a criminal action who, according to the evidence adduced in the action, is criminally liable for the conduct of the defendant under ORS 161.155 and 161.165, or, if the witness is a juvenile, has committed a delinquent act, which, if committed by an adult, would make the adult criminally liable for the conduct of the defendant. [Formerly 136.550]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.445 - Motion for acquittal; standard for granting motion; effect.

In any criminal action the defendant may, after close of the state’s evidence or of all the evidence, move the court for a judgment of acquittal. The court shall grant the motion if the evidence introduced theretofore is such as would not support a verdict against the defendant. The acquittal shall be a bar to another prosecution for the same offense. [Formerly 136.605]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.447 - Medical records.

Medical records may be obtained by subpoena as provided in ORCP 55 H and shall be sent only to the court or the clerk of the court before which the matter is pending. In relation to grand jury proceedings, notice need not be given as required in ORCP 55 H and the medical records shall be sent only to the grand jury. [1995 c.196 §2]
Note:
ORCP 55 was repealed and replaced by the Council on Court Procedures Amendments promulgated on December 8, 2018, and effective January 1, 2020. The text of 136.447 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 136.447 for the repeal of ORCP 55 has not been made. See the ORCP 55 Cross-Reference Chart available from the Council on Court Procedures.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.450 - Number of jurors required for verdict.

(1) A jury in a criminal action may render a verdict of guilty only by unanimous agreement.
(2) A jury in a criminal action may render a verdict of not guilty only by a concurrence of at least 10 of 12 jurors. [Formerly 136.610; 1997 c.313 §25; 2019 c.635 §8; 2021 c.478 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.460 - Verdict where crime consists of degrees; lesser included offenses.

(1) Upon a charge for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the accusatory instrument and guilty of any degree inferior thereto or of an attempt to commit the crime or any such inferior degree thereof.
(2) The jury shall first consider the charged offense. Only if the jury finds the defendant not guilty of the charged offense may the jury consider a lesser included offense. If there is more than one lesser included offense, the jury shall consider the lesser included offenses in order of seriousness. The jury may consider a less serious lesser included offense only after finding the defendant not guilty of any more serious lesser included offenses.
(3) When a jury finds a defendant guilty of a lesser included offense, the court, upon a request by the state or defendant, shall poll the jury on the original charge. If fewer than the required number of jurors vote to find the defendant not guilty on the original charge, the court shall not receive the verdict and shall instruct the jury to continue deliberations.
(4) If the jury is unable to reach a decision on the original charge, the state and defendant may stipulate that the jury may consider any lesser included offense. [Formerly 136.650; 1997 c.511 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.475 - Verdict as to some of several defendants; retrial of others.

Upon an accusatory instrument against several defendants, if the jury cannot agree upon a verdict as to all, it may give a verdict as to those in regard to whom it does agree, on which a judgment shall be given accordingly. The case as to the rest of the defendants may be tried by another jury. [Formerly 136.680]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.480 - Reconsideration of verdict when jury makes mistake as to law.

When a verdict is found in which it appears to the court that the jury has mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider its verdict; but if after such reconsideration the jury finds the same verdict, it must be received. [Formerly 136.690]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.485 - Reconsideration of verdict which is not general verdict.

If the jury finds a verdict which is not a general verdict, the court may, with proper instructions as to the law, direct the jury to reconsider it; and the verdict cannot be received until it is given in some form from which it can be clearly understood that the intent of the jury is to render a general verdict. [Formerly 136.700]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.490 - Discharge of defendant upon acquittal; exception.

If judgment of acquittal is given on a general verdict and the defendant is not detained for any other legal cause, the defendant shall be discharged as soon as the judgment is given, except that, when the acquittal is for variance between the proof and the accusatory instrument, which may be obviated by a new accusatory instrument, the court may order the detention of the defendant, to the end that a new accusatory instrument may be preferred, in the same manner and with like effect, as provided in ORS 135.540. [Formerly 136.710]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.495 - Proceedings after adverse general verdict.

If a general verdict against the defendant is given, the defendant shall be remanded, if in custody; if the defendant has been released, the defendant may be committed to await the judgment of the court upon the verdict. When committed, the release agreement of the defendant is exonerated or, if the defendant has deposited money in lieu of a release agreement, it shall be refunded to the defendant. [Formerly 136.720]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.500 - Motion in arrest of judgment; basis and time for making.

A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty. It may be founded on either or both of the grounds specified in ORS 135.630 (1) and (4), and not otherwise. The motion must be made within the time allowed to file a motion for a new trial, and both such motions may be made and heard as the court directs. [Formerly 136.810]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.515 - Order when evidence shows guilt; new accusatory instrument.

If, from the evidence given on the trial, there is reasonable ground to believe the defendant guilty and a new accusatory instrument can be framed upon which the defendant may be convicted, the court shall order the defendant to be recommitted to custody or released and to answer the new accusatory instrument, if one is found; and if the evidence shows the defendant to be guilty of another offense than that charged in the accusatory instrument, the defendant shall in like manner be committed or held thereon. In neither case is the verdict a bar to another action for the same crime. [Formerly 136.830]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.525 - Order when evidence is insufficient; acquittal.

If the evidence appears insufficient to charge the defendant with any offense, the defendant shall, if in custody, be discharged or, if the defendant has been released or deposited money in lieu thereof, the release agreement of the defendant is exonerated or the money of the defendant shall be refunded to the defendant; and in such case, the arrest of judgment operates as an acquittal of the charge upon which the accusatory instrument was founded. [Formerly 136.840]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.535 - New trial; application of ORCP 64 F to motion in arrest of judgment.

(1) Except that a new trial may not be granted on application of the state, ORS 19.430 and ORCP 64 A, B and D to G apply to and regulate new trials in criminal actions.
(2) The provisions of ORCP 64 F governing motions for a new trial apply to and regulate motions in arrest of judgment in criminal actions. [Formerly 136.851; 1979 c.284 §114; 2003 c.288 §1; 2009 c.112 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.557 - Issuance of subpoena by magistrate for witnesses at preliminary examination.

A magistrate before whom an information is laid or complaint made may issue subpoenas subscribed by the magistrate for witnesses within the state, either on behalf of the state or of the defendant. [Formerly 139.020]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.563 - Issuance of subpoena by district attorney for witnesses before grand jury.

The district attorney may issue subpoenas subscribed by the district attorney for witnesses within the state in support of the prosecution or for such other witnesses as the grand jury directs to appear before the grand jury upon an investigation pending before it. [Formerly 139.030]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.565 - Issuance of subpoena by district attorney for witnesses at trial.

The district attorney may issue subpoenas subscribed by the district attorney for not to exceed 10 witnesses within the state in support of an indictment to appear before the court at which it is to be tried. [Formerly 139.040]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.567 - Issuance of subpoena for witnesses for defendant; bar to dismissal.

(1) A defendant in a criminal action is entitled, at the expense of the state or city, to have subpoenas issued for not to exceed 10 witnesses within the state. A defendant is entitled, at the expense of the defendant, to have subpoenas issued for any number of additional witnesses without an order of the court. The defendant is responsible for the costs of serving the subpoenas and for the costs, as provided in ORS 136.602, of witness per diem and mileage and for expenses allowed under ORS 136.603.
(2) Any subpoena that a defendant in a criminal action is entitled to have issued shall be issued:
(a) Upon application of the defendant, by the clerk of the court in which the criminal action is pending for trial, and in blank, under the seal of the court and subscribed by the clerk; or
(b) By an attorney of record of the defendant, and subscribed by the attorney.
(3) A prosecution for violation of ORS 813.010 may not be dismissed based solely on the unavailability of a witness who was subpoenaed by the defendant to provide testimony with respect to an instrument that was used to test a person’s breath, blood or urine to determine the alcoholic content of the person’s blood. This subsection does not apply to the subpoena of an officer or employee of a public body, as defined in ORS 174.109. [Formerly 139.050; 1977 c.746 §4; 1981 c.174 §1; 1987 c.606 §2; 1989 c.171 §17; 2007 c.581 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.570 - Application for subpoenas for more than 10 witnesses.

If either party in a criminal action desires more than 10 witnesses, as provided in ORS 136.565 and 136.567, application therefor shall be made to the court or judge thereof by motion for an order allowing the issuance of subpoenas for such additional witnesses, which motion shall be supported either by the statement of the district attorney or city attorney in writing or by the affidavit of the defendant. The statement or affidavit shall state the names of such witnesses, their places of residence and the facts expected to be proved by each of them. The court or judge thereof shall make an order allowing the issuance of subpoenas for so many of such witnesses as appear from such statement or affidavit to be necessary and material to a fair, full and impartial trial. [Formerly 139.060; 1977 c.746 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.580 - Subpoenas when books, papers or documents are required.

(1) If books, papers or documents are required, a direction to the following effect shall be added to the form provided in ORS 136.575: "And you are required, also, to bring with you the following: (describing intelligibly the books, papers or documents required)."
(2) Upon the motion of the state or the defendant, the court may direct that the books, papers or documents described in the subpoena be produced before the court prior to the trial or prior to the time when the books, papers or documents are to be offered in evidence and may, upon production, permit the books, papers or documents to be inspected and copied by the state or the defendant and the state’s or the defendant’s attorneys. [Formerly 139.080; 1993 c.304 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.585 - By whom subpoena is served.

A subpoena may be served by the defendant or any other person over 18 years of age and shall be served by any sheriff or constable within the county or district of the sheriff or constable, as the case may be, when delivered to the sheriff or constable for service, either on the part of the prosecution or of the defendant. [Formerly 139.090; 1977 c.746 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.595 - How subpoena is served; proof of service; service on law enforcement agency.

(1) Except as provided in ORS 136.447 and 136.583 and subsection (2) of this section, a subpoena is served by delivering a copy to the witness personally. If the witness is under 14 years of age, the subpoena may be served by delivering a copy to the witness or to the witness’s parent, guardian or guardian ad litem. Proof of the service is made in the same manner as in the service of a summons.
(2)(a) Every law enforcement agency shall designate an individual or individuals upon whom service of subpoena may be made. At least one of the designated individuals shall be available during normal business hours. In the absence of the designated individuals, service of subpoena pursuant to paragraph (b) of this subsection may be made upon the officer in charge of the law enforcement agency.
(b) If a peace officer’s attendance at trial is required as a result of employment as a peace officer, a subpoena may be served on such officer by delivering a copy personally to the officer or to one of the individuals designated by the agency that employs the officer. A subpoena may be served by delivery to one of the individuals designated by the agency that employs the officer only if the subpoena is delivered at least 10 days before the date the officer’s attendance is required, the officer is currently employed as a peace officer by the agency, and the officer is present within the state at the time of service.
(c) When a subpoena has been served as provided in paragraph (b) of this subsection, the law enforcement agency shall make a good faith effort to actually notify the officer whose attendance is sought of the date, time and location of the court appearance. If the officer cannot be notified, the law enforcement agency shall contact the court and a continuance may be granted to allow the officer to be personally served.
(d) As used in this subsection, "law enforcement agency" means the Oregon State Police, a county sheriff’s department, a municipal police department, a police department established by a university under ORS 352.121 or 353.125 or, if the witness whose attendance at trial is required is an authorized tribal police officer as defined in ORS 181A.940, a tribal government as defined in ORS 181A.940.
(3) When a subpoena has been served as provided in ORS 136.583 or subsection (1) or (2) of this section and, subsequent to service, the date on, or the time at, which the person subpoenaed is to appear has changed, a new subpoena is not required to be served if:
(a) The subpoena is continued orally in open court in the presence of the person subpoenaed; or
(b) The party who issued the original subpoena notifies the person subpoenaed of the change by first class mail and by:
(A) Certified or registered mail, return receipt requested; or
(B) Express mail. [Formerly 139.100; 1977 c.789 §1; 1995 c.196 §3; 2005 c.298 §1; 2007 c.158 §1; 2009 c.364 §2; 2009 c.617 §3; 2011 c.644 §§20,65,72; 2013 c.180 §16,17; 2015 c.174 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.600 - Certain civil procedures applicable in criminal context.

The provisions of ORS 44.150 and ORCP 39 B and 55 A(6)(d) and 55 B(4) apply in criminal actions, examinations and proceedings. [Formerly 139.110; 1979 c.284 §115; 1989 c.980 §6; 2023 c.302 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.602 - Witness fees payable by county; method of payment; defense witness fees payable by defendant.

(1) Except as otherwise specifically provided by law, the per diem fees and mileage and any expenses allowed under ORS 136.603 due to any witness in a grand jury proceeding, or any prosecution witness in a criminal action or proceeding in a circuit or justice court or before a committing magistrate shall be paid by the county in which the grand jury proceeding or criminal action or proceeding is held. Payment shall be made upon a claim verified by the witness, showing the number of days attended and the number of miles traveled, and a certified statement, prepared by the district attorney, justice of the peace or committing magistrate, showing the amounts due the witness.
(2) The per diem fees and mileage due to any defense witness in a criminal action or proceeding in a circuit or justice court, or before a committing magistrate, and any expenses allowed the witness under ORS 136.603, shall be paid by the defendant. In the case of a defendant determined to be financially eligible for appointed counsel at state expense, these amounts may be paid pursuant to ORS 135.055. [1981 s.s. c.3 §63; 1983 c.401 §1; 1987 c.606 §3; 1989 c.171 §18; 1989 c.1053 §3; 2001 c.962 §87]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.603 - Payment of witness who is from outside state or is indigent.

(1)(a) Whenever any person attends any court, grand jury or committing magistrate as a witness on behalf of the prosecution or of any person accused of a crime upon request of the district attorney or city attorney or pursuant to subpoena, or by virtue of a recognizance for that purpose, and it appears that the witness has come from outside the state or that the witness is indigent, the court may, by an order entered in its records, direct payment to the witness of such sum of money as the court considers reasonable for the expenses of the witness. The order of the court, so entered, is sufficient authority for the payment.
(b) Except as otherwise specifically provided by law, if a witness who is to be paid expenses pursuant to this subsection:
(A) Attends a grand jury, a circuit court or judge thereof, a judge of a county court or a justice of the peace, on behalf of the prosecution, payment shall be made by the county.
(B) Attends a municipal court or judge thereof on behalf of the prosecution, payment shall be made by the city.
(C) Attends a circuit court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the executive director of the Oregon Public Defense Commission.
(D) Attends a judge of the county court or a justice of the peace on behalf of a financially eligible defendant, payment shall be made by the county.
(E) Attends a municipal court or judge thereof on behalf of a financially eligible defendant, payment shall be made by the city.
(F) Attends any court on behalf of a defendant who is not financially eligible, payment shall be made by the defendant, and the court shall so order.
(2) In the case of a prisoner of a jurisdiction outside of this state who is required to attend as a witness in this state, whether for the prosecution or the defense, the sheriff shall be responsible for transporting the witness to the proper court of this state, and the sheriff shall assume any costs incurred in connection with the witness while the witness is in the custody of the sheriff. However, the sheriff and not the witness shall be entitled to the witness fees, mileage and expenses to which the witness would otherwise be entitled under this section and ORS 136.627 or other applicable law. [Formerly 139.140; 1977 c.746 §8; 1981 s.s. c.3 §64; 1983 c.401 §2; 1987 c.606 §5; 1989 c.171 §19; 2001 c.962 §27; 2023 c.281 §26]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.608 - Application procedure.

(1) The district attorney or the defendant may apply to the court for a material witness order when:
(a) An indictment has been filed, and is pending, against the defendant in a circuit court;
(b) A grand jury proceeding has been commenced against the defendant; or
(c) A complainant’s information or a district attorney’s information alleging that the defendant has committed a felony has been filed, and is pending, in a court of competent jurisdiction.
(2) The application must be in writing and sworn to by the applicant. The request must state facts establishing a reasonable belief that the person the applicant desires to call as a witness:
(a) Possesses information material to the determination of the action against the defendant; and
(b) Will not appear at the time when attendance of the witness is required.
(3) The applicant shall file the application:
(a) If an indictment has been filed, a grand jury proceeding has been commenced or the defendant has been held to answer by any court to await the action of a grand jury, in the circuit court in which the indictment is pending or by which the grand jury has been impaneled; or
(b) If information alleging the commission of a felony is pending in a court authorized to hold a preliminary hearing, in that court or in the circuit court that would have jurisdiction of the case upon holding the defendant to answer to await the action of the grand jury.
(4) As used in this section and ORS 136.612 and 136.614, "material witness order" means an order finding a person to be a material witness in a pending criminal action and fixing a security amount to be posted to secure future attendance of the witness. [1995 c.657 §14]
Note:
136.608 to 136.614 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.611 - Court action upon receipt of application.

(1) If, upon receipt of an application under ORS 136.608, the court determines that the application is well founded, the court shall:
(a) Enter an order directing the prospective witness to appear before the court at a designated time; or
(b) Issue a warrant of arrest directing the sheriff to take the person into custody and bring the person before the court, if the application included facts establishing a reasonable belief that the prospective witness would not respond to an order to appear.
(2) An order under subsection (1) of this section must inform the prospective witness of the purpose of the hearing and must be served in the manner provided in ORCP 7 for the service of a summons.
(3) When the prospective witness appears before the court, the court shall inform the person:
(a) Of the nature and purpose of the hearing; and
(b) That the person has all of the rights of a person in a criminal proceeding including, but not limited to, the right to counsel, the right to appointed counsel at state expense if the person is unable to afford counsel and the right to call witnesses and have subpoenas issued.
(4) The hearing may be postponed at the request of the prospective witness for the purpose of obtaining counsel. If the hearing is postponed, the court shall order the prospective witness to appear at a future time. In addition, the court may require the prospective witness to pay an amount to secure the person’s appearance. If the person refuses to comply with the order, the court shall commit the person to the jail of the county, or other appropriate detention facility, until the person complies or is discharged. [1995 c.657 §15]
Note:
See note under 136.608.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.612 - Hearing; security amount; vacation or modification of order.

(1) At the hearing to determine whether a material witness order should be entered:
(a) The applicant has the burden of proving by a preponderance of the evidence all facts essential to support the order;
(b) The prospective witness may testify and may call witnesses;
(c) All testimony is under oath; and
(d) The Oregon Evidence Code shall apply in any material witness proceeding under ORS 136.611, except that hearsay may be admitted if the court determines that it would impose an unreasonable hardship on one of the parties or on a witness to require that the primary source of the evidence be produced at the hearing, and if the witness furnishes information bearing on the informant’s reliability and, as far as possible, the means by which the information was obtained.
(2) If the court finds by a preponderance of the evidence that the prospective witness possesses information that is material to the pending action and will not appear at the time the attendance of the witness is required, the court shall establish a security amount calculated to ensure the attendance of the witness and shall enter a material witness order.
(3)(a) If the security amount is paid, the court shall release the witness. If someone other than the witness pays the security amount, the court shall release the witness only if the witness consents, in writing, to the payment of the security.
(b) If the security amount is not paid, the court shall commit the witness to the jail of the county, or other appropriate detention facility, until the witness pays the security amount or the attendance of the witness is no longer needed in the action.
(4) Unless vacated as provided in subsection (5) of this section, a material witness order remains in effect:
(a) If issued by a circuit court, during the pendency of the criminal action in the circuit court; or
(b) If issued by a court other than a circuit court, until the attendance of the witness is no longer needed in any part of the criminal action.
(5) At any time after the entry of a material witness order, the court, upon application of either party to the order and notice to the other party, may vacate or modify the order. The court shall consider new, or changed, facts or circumstances. The court may vacate the order or may modify any part of the order. If the court reduces the security amount, the court shall exonerate any part of the original security amount in excess of the modified amount that has been paid. [1995 c.657 §16]
Note:
See note under 136.608.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 136 - Criminal Trials › Section 136.614 - Witness held in detention facility; payment.

A witness held in a county jail, or other appropriate detention facility, as the result of a material witness order must be paid $7.50 for each day of confinement. The county shall pay the fee upon the release of the witness from custody or, in the discretion of the court, at designated times or intervals during the confinement. [1995 c.657 §17]
Note:
See note under 136.608.