Rule 6.090.Peremptory Challenges in Civil Cases
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 6.090
Plain-English Summary
In civil trials the default is written and silent. Peremptory challenges are taken in writing by secret ballot, so the strikes pass on paper rather than being announced in open court.
The exception needs two things, not one. The parties must stipulate to taking the challenges orally, and the court must agree. A stipulation the judge declines does not move the process, and a judge's preference cannot override the written default without the parties' agreement.
The rule speaks only to peremptory challenges and only to civil trials. It does not address challenges for cause, and it does not set the number of challenges, the order in which they are exercised, or the grounds on which one may be objected to.
Frequently Asked Questions
How are peremptory challenges exercised in an Oregon civil trial?
In writing, by secret ballot. The rule makes that the default for civil trials, so strikes are recorded on paper rather than stated aloud.
Can we take the strikes orally instead?
Only if both halves of the exception are satisfied: the parties stipulate to taking the challenges orally, and the court agrees. Either one alone is not enough.
What does the secret ballot accomplish?
The rule gives no reason. The effect is that the panel does not learn which side removed which juror, since the choice never has to be announced in the courtroom.
Does this rule cover challenges for cause?
No. It addresses peremptory challenges. A challenge for cause is argued to the court on a stated ground, and nothing in this rule changes how that is done.
Does the rule apply in criminal trials?
It is written for civil trials, and that is the scope of its text. Criminal jury selection is governed elsewhere, and this rule should not be read across to it.