Jury improvement proposals for amending ORCP 58. Adopted by the Council on Court Procedures on December 9, 2000.
Amending language is in bold;[deleted language is in italics and is enclosed in brackets]
A [Order] Manner of proceedings on trial by the court.
Trial by the court shall proceed in the [order] manner prescribed in subsections [(1)](3) through [(4)](6) of section B of this rule, unless the court, for [special reasons] good cause stated in the record, otherwise directs.
B [Order] Manner of proceedings on jury trial.
[When the jury has been selected and sworn, the trial, unless the court for good and sufficient reason otherwise directs, shall proceed in the following order:]
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 shall 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 shall 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 [(1)](3) The plaintiff shall concisely state plaintiff’s case and the issues to be tried; the defendant then, in like manner, shall state defendant’s case based upon any defense or counterclaim.
B [(2)](4) The plaintiff shall [then] introduce the evidence on plaintiff’s case in chief, and when plaintiff has concluded, the defendant shall do likewise.
B [(3)](5) The parties respectively [then] may introduce rebutting evidence only, unless the court in furtherance of justice permits them to introduce evidence upon the original cause of action, defense or counterclaim.
B [(4)](6) When the evidence is concluded, unless the case is submitted by both sides to the jury without argument, the plaintiff shall commence and conclude the argument to the jury. The plaintiff may waive the opening argument, and if the defendant then argues the case to the jury, the plaintiff shall have the right to reply to the argument of the defendant, but not otherwise.
B [(5)](7) Not more than two counsel shall address the jury [in] on behalf of the plaintiff or defendant; the whole time occupied [in] on behalf of either shall not be limited to less than two hours.
[B (6) The court then shall charge the jury.]
B (8) After the evidence is concluded, the court shall instruct the jury. The court may instruct the jury before or after the closing arguments.
B (9) With the court’s consent, jurors shall be permitted to submit to the court written questions directed to witnesses or to the court. The court shall afford the parties an opportunity to object to such questions outside the presence of the jury.