ORCP 58: Trial Procedure

A Manner of proceedings on trial by the court. Trial by the court shall proceed in the manner prescribed in subsection B(3) through subsection B(6) of this rule, unless the court, for good cause stated in the record, otherwise directs.

B Manner of proceedings on jury trial. Trial by a jury shall proceed in the following manner unless the court, for good cause stated in the record, otherwise directs:

B(1) The jury must be selected and sworn. Prior to voir dire, each party may, with the court's consent, present a short statement of the facts to the entire jury panel.

B(2) After the jury is sworn, the court will instruct the jury concerning its duties, its conduct, the order of proceedings, the procedure for submitting written questions to witnesses if permitted, and the legal principles that will govern the proceedings.

B(3) The plaintiff may concisely state plaintiff's case and the issues to be tried; the defendant then, in like manner, may state defendant's case based upon any defense or counterclaim or both.

B(4) The plaintiff will introduce the evidence on plaintiff's case in chief, and when plaintiff has concluded, the defendant may do likewise.

B(5) The parties respectively may introduce rebutting evidence only unless the court, in furtherance of justice, permits them to introduce evidence on the original cause of action, defense, or counterclaim.

B(6) When the evidence is concluded, unless the case is submitted by both sides to the jury without argument, the plaintiff may commence and conclude the argument to the jury. The plaintiff may initially waive argument and, if the defendant then argues the case to the jury, the plaintiff will have the right to reply to the argument of the defendant, but not otherwise.

B(7) Not more than two counsel may address the jury on behalf of the plaintiff or defendant. Plaintiff and defendant shall each be afforded a minimum of two hours to address the jury, irrespective of how that time is allocated among that side's counsel.

B(8) After the evidence is concluded, the court will instruct the jury. The court may instruct the jury before or after the closing arguments.

B(9) With the court's consent, jurors may be permitted to submit to the court written questions directed to witnesses or to the court. The court must afford the parties an opportunity, outside of the presence of the jury, to object to questions submitted by jurors.

C Separation of jury before submission of cause; admonition. The jurors may be kept together in charge of a proper officer, or may, in the discretion of the court, at any time before the submission of the cause to them, be permitted to separate; in either case, the jurors may be admonished by the court that it is their duty not to converse with any other person, or among themselves, on any subject connected with the trial, or to express any opinion thereon, until the case is finally submitted to them.

D Proceedings if juror becomes sick. If, after the formation of the jury, and before verdict, a juror becomes sick, so as to be unable to perform the duty of a juror, the court may order such juror to be discharged. In that case, unless an alternate juror, seated under Rule 57 F, is available to replace the discharged juror or unless the parties agree to proceed with the remaining jurors, a new juror may be sworn, and the trial may begin anew; or the jury may be discharged, and a new jury then or afterwards formed.

E Failure to appear for trial. When a party who has filed an appearance fails to appear for trial, the court may, in its discretion, proceed to trial and judgment without further notice to the non-appearing party.

F Testimony by remote means.

F(1) Subject to court approval, the parties may stipulate that testimony be taken by remote means. The oath or affirmation may be administered to the witness either in the presence of the person administering the oath, or by remote means, at the discretion of the court.

F(2) “Remote means” is defined as any form of real-time electronic communication that permits all participants to hear and speak with each other simultaneously.

F(3) Testimony by remote means must be recorded using the court's official recording system, if suitable equipment is available; otherwise, such testimony must be recorded at the expense of and by the party requesting the testimony. Any alternative method and manner of recording is subject to the approval of the court.

F(4) A request for testimony by remote means must be made within the time allowed by ORS 45.400 (2).