ORCP 57A

See annotations under ORS 17.115 in permanent edition.

ORCP 57B

See annotations under ORS 17.110 in permanent edition.

ORCP 57C

NOTES OF DECISIONS

In determining whether time limit imposed on voir dire was abuse of discretion, consideration is given to extent of court’s initial examination, whether counsel prolonged process, whether questions remaining unasked were proper and whether counsel questioned jurors actually serving. State v. Williams, 123 Or App 546, 860 P2d 860 (1993)

ORCP 57D

See also annotations under ORS 17.120 to 17.160 in permanent edition.

NOTES OF DECISIONS

Under former similar statute (ORS 17.160)

A trial judge should not excuse jurors for actual bias before the trial; this section contemplates that challenges for actual bias be taken by the plaintiff or defendant during voir dire.Creel v. Shadley, 266 Or 494, 513 P2d 755 (1973)

In general

Taxpayers and residents of county are not absolutely disqualified from sitting as jurors in any law suit in which county has interest. State ex rel Douglas County v. Sanders, 294 Or 195, 655 P2d 175 (1982)

If trial court’s finding of actual bias is supported by record of voir dire taken as whole, finding will not be disturbed on appeal. State v. Nefstad, 309 Or 523, 789 P2d 1326 (1990)

Test for juror’s disqualification is probability of bias or prejudice as determined by court. State v. Montez, 309 Or 564, 789 P2d 1352 (1990)

LAW REVIEW CITATIONS

In general

39 WLR 557 (2003)

ORCP 57E

See also annotations under ORS 17.185 in permanent edition.

NOTES OF DECISIONS

Where defendant receives fair trial before impartial jury, untimely administration of oath does not compel mistrial absent demonstrable prejudice. State v. Barone, 329 Or 210, 986 P2d 5 (1999)

Failure to swear jury entitles defendant to relief only upon timely objection and showing that rights of defendant have been prejudiced. State v. Vogh, 179 Or App 585, 41 P3d 421 (2002)

ORCP 57F

See also annotations under ORS 17.190 in permanent edition.

NOTES OF DECISIONS

Under former similar statute (ORS 17.190)

New trial was required where alternate jurors were permitted to accompany jury into jury room and to deliberate and vote with jury on issues of case. Vander Veer v. Toyota Motor Distributors, 282 Or 135, 577 P2d 1343 (1978)