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Oregon Revised Statutes

Or. Rev. Stat. § 136.210 (2026)

Jury number; examination

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      136.210 Jury number; examination. (1) Except as provided in subsection (2) of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent to a less number. It shall be formed, except as otherwise provided in ORS 136.220 to 136.250, in the same manner provided by ORCP 57 B, D(1)(a), D(1)(b), D(1)(g) and E. When the full number of jurors has been called, they shall thereupon be examined as to their qualifications, first by the court, then by the defendant and then by the state. After they have been passed for cause, peremptory challenges, if any, shall be exercised as provided in ORS 136.230.

      (2) In criminal cases in the circuit courts in which the only charges to be tried are misdemeanors, the trial jury shall consist of six persons. [Amended by 1973 c.836 §231; 1979 c.284 §112; 1979 c.488 §2; 1991 c.247 §1; 1995 c.658 §76]

Notes of Decisions
Cited in 46 cases (14 in the last 5 years), 1972–2025 · leading case: State v. Montez, 789 P.2d 1352 (Or. 1990).
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State v. Montez, 789 P.2d 1352 (Or. 1990). · cites it 4× “[4] ORCP 57 D(1)(g) is made applicable to criminal trials by ORS 136.210(1). State v. Nefstad, 309 Or.”
State v. Sagdal, 343 P.3d 226 (Or. 2015). · cites it 5× “9 As noted, defendant was charged only with a misdemeanor; ORS 136.210 (2) provides that, in those circumstances, the trial jury shall consist of six persons.”
State v. Nefstad, 789 P.2d 1326 (Or. 1990). · cites it 4× “ORS 136.210(1). The rule provides: "Challenges for cause may be taken on any one or more of the following grounds: "* * * * * "(g) Actual bias, which is the existence of a state of mind on the part of the juror, in reference to the action, or to either party, which satisfies the…”
State v. Boots, 848 P.2d 76 (Or. 1993). · cites it 4× “See ORS 136.210 ("in [felony] cases the trial by jury shall consist of 12 persons unless the parties consent to a less[er] number").”
State v. McAnulty, 338 P.3d 653 (Or. 2014). · cites it 2× “Article I, section 11, of the Oregon Constitution and the Sixth Amendment to the United States Constitution guarantee the right to an impartial jury during criminal proceedings.”
Watkins v. Ackley, 523 P.3d 86 (Or. 2022). “001; ORS 136.210; ORS 136.220; ORS 10.215; ORS 136.”
State v. Barone, 986 P.2d 5 (Or. 1999). · cites it 2× “That rule, which applies to criminal trials under ORS 136.210(1), 7 provides: “As soon as the number of the jury has been completed, an oath or affirmation shall be administered to the jurors, in substance that they and each of them will well and truly try the matter in issue…”
Montez v. Czerniak, 322 P.3d 487 (Or. 2014). “The jury, moreover, operates under an oath that “they and each of them will well and truly try the matter in issue between the plaintiff and defendant, and a true verdict give according to the law and evidence as given them on the trial.”
State v. Sagdal, 311 P.3d 941 (Or. Ct. App. 2013). · cites it 4× “The court empaneled a jury of six persons, as directed by ORS 136.210(2), which provides, “In criminal cases in the circuit courts in which the only charges to be tried are misdemeanors, the trial jury shall consist of six persons.”
State v. McFerron, 628 P.2d 440 (Or. Ct. App. 1981). · cites it 6× “Defendant does not contest the state’s statutory right to a jury of 12 pursuant to ORS 136.210, but contends on appeal that the right is subordinate to his constitutional right to be free of double jeopardy.”
State v. Lutz, 760 P.2d 249 (Or. 1988). · cites it 3× “ORCP 58D; 1 ORS 136.210(1). 2 He argues further *502 that the Court of Appeals should not have remanded the case to permit the trial court to make a record that was not made at trial.”
State v. Taylor, 434 P.3d 331 (Or. 2019). “See ORCP 57 D(1)(g) (applying in criminal proceedings, ORS 136.210(1), and providing that a challenge for cause may be sustained if the juror "has formed or expressed an opinion upon the merits of the cause from what the juror may have heard or read" and if the court is…”
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— Or. Rev. Stat. § 136.210(1) — 37 cases
State v. Montez, 789 P.2d 1352 (Or. 1990). “[4] ORCP 57 D(1)(g) is made applicable to criminal trials by ORS 136.210(1). State v. Nefstad, 309 Or.”
State v. Nefstad, 789 P.2d 1326 (Or. 1990). “ORS 136.210(1). The rule provides: "Challenges for cause may be taken on any one or more of the following grounds: "* * * * * "(g) Actual bias, which is the existence of a state of mind on the part of the juror, in reference to the action, or to either party, which satisfies the…”
State v. McAnulty, 338 P.3d 653 (Or. 2014). “Article I, section 11, of the Oregon Constitution and the Sixth Amendment to the United States Constitution guarantee the right to an impartial jury during criminal proceedings.”
State v. Barone, 986 P.2d 5 (Or. 1999). “That rule, which applies to criminal trials under ORS 136.210(1), 7 provides: “As soon as the number of the jury has been completed, an oath or affirmation shall be administered to the jurors, in substance that they and each of them will well and truly try the matter in issue…”
Montez v. Czerniak, 322 P.3d 487 (Or. 2014). “The jury, moreover, operates under an oath that “they and each of them will well and truly try the matter in issue between the plaintiff and defendant, and a true verdict give according to the law and evidence as given them on the trial.”
— Or. Rev. Stat. § 136.210(2) — 5 cases
State v. Sagdal, 343 P.3d 226 (Or. 2015). “9 As noted, defendant was charged only with a misdemeanor; ORS 136.210 (2) provides that, in those circumstances, the trial jury shall consist of six persons.”
State v. Sagdal, 311 P.3d 941 (Or. Ct. App. 2013). “The court empaneled a jury of six persons, as directed by ORS 136.210(2), which provides, “In criminal cases in the circuit courts in which the only charges to be tried are misdemeanors, the trial jury shall consist of six persons.”
State v. Teagues, 383 P.3d 320 (Or. Ct. App. 2016).
State v. Heine, 484 P.3d 391 (Or. Ct. App. 2021).
State v. Sagdal (Or. 2015).
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