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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 03 REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
Chapter : Chapter 54 Juries
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A trial jury is a body of persons, six
in number in the justice courts, sworn to try and determine a question of
fact and drawn according to the mode provided for in this chapter. When a jury has been
demanded by a party to an action in the justice court, and neither party
requires that the jury be drawn from the jury list, the justice must make
an order in writing, directed to the sheriff of the county, or to any
constable of the district or to any marshal or police officer authorized
to act as constable therein, commanding the sheriff, constable, marshal
or police officer to summon six persons to serve as jurors in the action
between the parties, naming the parties, at a time and place to be named
in the order. The order shall require the jurors to appear before the
justice forthwith, or at some future time to which the trial of the issue
may be postponed. [Amended by 1991 c.67 §9] The
officer serving the order for a jury must do so impartially by selecting
only such persons as the officer knows, or has good reason to believe,
are qualified according to law to serve as jurors in the court to which
they are summoned and in the particular action for which they are
selected. The officer must serve the order, by giving notice to each
person selected of the time and place the person is required to appear
and for what purpose, and return the same, according to the direction
therein, with the names of the persons summoned, verified by the
certificate of the officer.
If a sufficient number of jurors does not appear at the time and place
required, or if any of those appearing are peremptorily challenged, or
upon a challenge for cause are found disqualified, the justice must order
the proper officer to summon a sufficient number of other qualified
persons until the jury is complete. Each party is entitled to three
peremptory challenges, and no more. A person competent to act as a
juror in a justice court, in addition to the qualifications prescribed in
ORS 10.030, must be an inhabitant of the district in which the court is
being held at the time the person is summoned, and must have been an
inhabitant of that district for three months next preceding such time.
[Amended by 1983 c.673 §13] The justice of the peace in each
district shall, in January of each year, or in case of an omission or
neglect so to do then as soon as possible thereafter, make a jury list
for the district. A preliminary jury list shall be made by selecting
names of inhabitants of the district by lot from the latest jury list
sources. The jury list sources are the elector registration list for the
district, copies of the Department of Transportation records for the
county referred to in ORS 802.260 (2) furnished to the justice at county
expense by the clerk of court, as defined in ORS 10.010, for the county
and any other source that the justice determines will furnish a fair
cross section of the inhabitants of the district. From the preliminary
jury list the names of those persons known not to be qualified by law to
serve as jurors shall be deleted. The remaining names shall constitute
the jury list. The preliminary jury list and jury list may be made by
means of electronic equipment. [Amended by 1983 c.673 §14; 1987 c.681 §4] The
jury list shall:
(1) Contain the names of at least 50 persons, if there are that
number of persons in the district who are qualified as provided in ORS
54.050.
(2) Contain the first name, the surname and the place of residence
of each person named therein.
(3) Be certified by the justice of the peace and placed on file in
the office of the justice. [Amended by 1975 c.233 §1; 1983 c.673 §15]A justice of the peace not in office or
attendance when a jury list is made must procure, and file in the office
of the justice of the peace, a certified copy thereof. Unless
juries are drawn and selected from the jury list of the district by means
of electronic equipment, the justice of the peace shall keep in the
office of the justice a jury box. After the jury list is filed, the
justice shall destroy all ballots remaining in the box and shall prepare
and deposit in such box separate ballots, containing the name and place
of residence of each person named in the list, and folded as nearly alike
as practicable so that the name cannot be seen. [Amended by 1983 c.673
§16] When a jury is demanded in
a justice court, instead of being selected by the officers, as provided
in ORS 54.020 to 54.040, the jury must be drawn and selected from the
jury list of the district, if either party requires it.When a jury is to be selected from the jury list of the
district, the justice shall draw from the box in the presence of the
parties, or select by means of electronic equipment, 12 ballots or names,
or any greater number, if necessary, until the names of 12 persons, who
are deemed able to attend at the time and place required, are obtained.
The justice must make and sign a list of the 12 names thus drawn.
[Amended by 1983 c.673 §17] If it
appears to the justice that a person whose name is drawn is dead or
resides out of the district, the ballot must be destroyed or the name
deleted. If it appears to the justice, or the justice has good reason to
believe, that a person whose name is drawn is temporarily absent from the
district, or is unwell, or so engaged as to be unable to attend at the
time and place required without great inconvenience, the ballot or name
must be laid aside, without the name being entered on the list drawn, and
returned to the box or restored to the list from which selected by means
of electronic equipment when the drawing is completed. A person whose
name is drawn is deemed able to attend within the meaning of ORS 54.120,
and the name of the person is deemed to be entered on the list drawn,
except as provided in this section. [Amended by 1983 c.673 §18] When the
drawing is completed, from the 12 names drawn the parties must select a
jury by each striking from the list three names, alternately, commencing
with the defendant. The remaining six must be summoned as jurors in the
action.The names of the six jurors so selected
must be inserted in the order to summon a jury, and thereafter the
proceedings in the summoning and formation of the jury must be conducted
in the manner provided in ORS 54.020 to 54.040; but neither party is
entitled to a peremptory challenge as to any of the six jurors. A person duly summoned to attend a
justice court as a juror may be punished by the justice of the peace as
provided for contempt of court if:
(1) The person fails to attend the justice court as required or
fails to give a valid excuse for not attending;
(2) The person fails to give attention to matters before the jury;
(3) The person leaves the court without permission while the court
is in session; or
(4) The person without valid excuse otherwise fails to complete
required jury service. [Amended by 1999 c.605 §5]
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