Oregon Statutes 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:
Terms Used In Oregon Statutes 10.275
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. See Oregon Statutes 10.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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. [2001 c.779 § 16; 2011 c.308 § 4]
[Repealed by 1985 c.703 § 28]
[Amended by 1965 c.387 § 2; repealed by 1975 c.342 § 1]
[Amended by 1963 c.519 § 4; 1973 c.836 § 314; repealed by 1985 c.703 § 28]
[Repealed by 1985 c.703 § 28]
[Amended by 1979 c.728 § 4; 1981 s.s. c.3 § 51; repealed by 1985 c.703 § 28]
[Amended by 1981 s.s. c.3 § 52; repealed by 1985 c.703 § 28]
[Amended by 1963 c.519 § 5; repealed by 1975 c.342 § 1]
[Repealed by 1975 c.342 § 1]
[1975 c.342 § 3; 1977 c.631 § 3; 1981 s.s. c.3 § 53; repealed by 1985 c.703 § 28]
[1975 c.342 § 4; 1977 c.631 § 4; 1981 s.s. c.3 § 54; repealed by 1985 c.703 § 28]
[1975 c.342 § 5; 1977 c.631 § 5; repealed by 1985 c.703 § 28]
[1975 c.342 § 6; 1977 c.631 § 6; 1981 s.s. c.3 § 55; repealed by 1985 c.703 § 28]
[1975 c.342 § 7; 1977 c.631 § 7; 1981 s.s. c.3 § 56; repealed by 1985 c.703 § 28]
[1975 c.342 § 8; 1977 c.631 § 8; 1981 s.s. c.3 § 57; repealed by 1985 c.703 § 28]
[1975 c.342 § 9; 1977 c.631 § 9; 1981 s.s. c.3 § 58; repealed by 1985 c.703 § 28]
[1975 c.342 § 10; 1977 c.631 § 10; repealed by 1985 c.703 § 28]
[1975 c.342 § 11; 1977 c.631 § 11; 1981 s.s. c.3 § 59; repealed by 1985 c.703 § 28]
[1975 c.342 § 12; repealed by 1981 s.s. c.3 § 141]
JURY OF INQUEST