ORCP 58

See also annotations under ORS 17.205, 17.210 and 17.220 in permanent edition.

NOTES OF DECISIONS

Under former similar statute (ORS 17.220)

      Statutory scheme for selection and utilization of jurors does not contemplate that jurors be required to serve on more than one case at time and mistrial occurs when empaneled jurors, during prolonged recess, serve on another case. State v. Miller, 10 Or App 636, 501 P2d 326 (1972)

In general

      Failure to show on record criminal defendant’s consent to proceed with less than 12 jurors was error which could not be cured on remand, and appellate court could not remand for determination of whether defendant consented “off the record.” State v. Lutz, 306 Or 499, 760 P2d 249 (1988)

      Court may question witness before jury is sworn to determine whether witness will testify at trial, but court had no authority to order witness to testify on substance of case until witness is called during normal course of trial. State v. Nefstad, 99 Or App 12, 781 P2d 358 (1989), Sup Ct review denied

COMPLETED CITATIONS (for ORS 17.210 in permanent edition): State v. Tucker, 5 Or App 283, 483 P2d 825 (1971), Sup Ct review denied