40.010 Rule 100
Short title. ORS 40.010 to 40.585 and 41.415 shall be known and may be cited as the Oregon Evidence Code.
Oregon Revised Statutes
Chapter 40 — Evidence Code
42 sections40.015 Rule 101
Applicability of Oregon Evidence Code. (1) The Oregon Evidence Code applies to all courts in this state except for: A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501; The small claims department of a circuit court as provided by ORS 46.415; and The small claims department of a justice court as provided by ORS 55…
40.020 Rule 102
Purpose and construction. The Oregon Evidence Code shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
40.025 Rule 103
Rulings on evidence. Evidential error is not presumed to be prejudicial. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and: In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if th…
40.030 Rule 104
Preliminary questions. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (2) of this section. In making its determination the court is not bound by the rules of evidence except those with respe…
40.035 Rule 105
Limited admissibility. When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
40.040 Rule 106
When part of transaction proved, whole admissible. When part of an act, declaration, conversation or writing is given in evidence by one party, the whole on the same subject, where otherwise admissible, may at that time be inquired into by the other; when a letter is read, the answer may at that time be given; and when a detached act, declaration, conversati…
40.060 Rule 201(a)
Scope. ORS 40.060 to 40.085 govern judicial notice of adjudicative facts. ORS 40.090 governs judicial notice of law.
40.065 Rule 201(b)
Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either: Generally known within the territorial jurisdiction of the trial court; or Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
40.070 Rules 201(c) and 201(d)
When mandatory or discretionary. (1) A court may take judicial notice, whether requested or not. A court shall take judicial notice if requested by a party and supplied with the necessary information.
40.075 Rule 201(e)
Opportunity to be heard. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.
40.080 Rule 201(f)
Time of taking notice. Judicial notice may be taken at any stage of the proceeding.
40.085 Rule 201(g)
Instructing the jury. (1) In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact or law judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed in favor of the prosecution.
40.090 Rule 202
Law that is judicially noticed. Law judicially noticed is defined as: The decisional, constitutional and public statutory law of Oregon, the United States, any federally recognized American Indian tribal government and any state, territory or other jurisdiction of the United States. Public and private official acts of the legislative, executive and judicia…
40.105 Rule 305
Allocation of the burden of persuasion. A party has the burden of persuasion as to each fact the existence or nonexistence of which the law declares essential to the claim for relief or defense the party is asserting.
40.110 Rule 306
Instructions on the burden of persuasion. The court shall instruct the jury as to which party bears the applicable burden of persuasion on each issue only after all of the evidence in the case has been received.
40.115 Rule 307
Allocation of the burden of producing evidence. (1) The burden of producing evidence as to a particular issue is on the party against whom a finding on the issue would be required in the absence of further evidence. The burden of producing evidence as to a particular issue is initially on the party with the burden of persuasion as to that issue.
40.120 Rule 308
Presumptions in civil proceedings. In civil actions and proceedings, a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence.
40.125 Rule 309
Presumptions in criminal proceedings. (1) The judge is not authorized to direct the jury to find a presumed fact against the accused. When the presumed fact establishes guilt or is an element of the offense or negates a defense, the judge may submit the question of guilt or the existence of the presumed fact to the jury only if: A reasonable juror on the e…
40.130 Rule 310
Conflicting presumptions. If presumptions are conflicting, the presumption applies that is founded upon weightier considerations of policy and logic. If considerations of policy and logic are of equal weight, neither presumption applies.
40.135 Rule 311
Presumptions. (1) The following are presumptions: A person intends the ordinary consequences of a voluntary act. A person takes ordinary care of the person’s own concerns. Evidence willfully suppressed would be adverse to the party suppressing it. Money paid by one to another was due to the latter. A thing delivered by one to another belonged to the lat…
40.150 Rule 401
Definition of “relevant evidence.” “Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
40.155 Rule 402
Relevant evidence generally admissible. All relevant evidence is admissible, except as otherwise provided by the Oregon Evidence Code, by the Constitutions of the United States and Oregon, or by Oregon statutory and decisional law. Evidence which is not relevant is not admissible.
40.160 Rule 403
Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence.
40.170 Rule 404
Character evidence; evidence of other crimes, wrongs or acts. Evidence of a person’s character or trait of character is admissible when it is an essential element of a charge, claim or defense. Evidence of a person’s character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except: Evide…
40.172 Rule 404-1
Pattern, practice or history of abuse; expert testimony. (1) In any proceeding, any party may introduce evidence establishing a pattern, practice or history of abuse of a person and may introduce expert testimony to assist the fact finder in understanding the significance of such evidence if the evidence: Is relevant to any material issue in the proceeding;…
40.175 Rule 405
Methods of proving character. (1) In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct. In cases in which character or a trait of character…
40.180 Rule 406
Habit; routine practice. Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice. As used in this section, “hab…
40.185 Rule 407
Subsequent remedial measures. When, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This section does not require the exclusion of evidence of subsequent measures when offer…
40.190 Rule 408
Compromise and offers to compromise. (1)(a) Evidence of furnishing or offering or promising to furnish, or accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amo…
40.195 Rule 409
Payment of medical and similar expenses. Evidence of furnishing or offering or promising to pay medical, hospital or similar expenses occasioned by an injury is not admissible to prove liability for the injury. Evidence of payment for damages arising from injury or destruction of property is not admissible to prove liability for the injury or destruction.
40.200 Rule 410
Withdrawn plea or statement not admissible. (1) A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding. No statement or admission made by a defendant or a defendant’s attorney during any proceeding relating to a plea of guilty or no contest which is not accepted or ha…
40.205 Rule 411
Liability insurance. (1) Except where lack of liability insurance is an element of an offense, evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully. Subsection (1) of this section does not require the exclusion of evidence of insurance against liability…
40.210 Rule 412
Sex offense cases; relevance of victim’s past behavior or manner of dress. (1) Notwithstanding any other provision of law, in a prosecution for a crime described in ORS 163.266 (1), 163.355 to 163.427, 163.670 or 167.017, in a prosecution for an attempt to commit one of those crimes or in a proceeding conducted under ORS 163.760 to 163.777, the following evi…
40.211 Rule 412-1
Evidence not admissible in civil proceeding involving sexual misconduct. (1) Unless the alleged victim has placed the evidence in controversy and the court determines that the probative value of the evidence substantially outweighs the danger of harm to any victim and of unfair prejudice to any party, the following evidence is not admissible in a civil proce…
40.215 Rule 413
Measures and assessments intended to minimize impact of or plan for natural disaster. Evidence of measures taken or vulnerability assessments conducted before a natural disaster occurs that were intended to minimize the impact of or plan for the natural disaster is not admissible to prove negligence or culpable conduct in connection with damage, harm, injury…
40.225 Rule 503
Law practitioner-client privilege. (1) As used in this section, unless the context requires otherwise: “Client” means: A person, public officer, corporation, association or other organization or entity, either public or private, who is rendered professional legal services by a law practitioner, or who consults a law practitioner with a view to obtaining pr…
40.227 Rule 503-1
Right of client to communicate with law practitioner; inadmissibility of evidence obtained or disclosed without client’s consent. (1) As used in this section, “client,” “confidential communication,” “law practitioner” and “representative of the law practitioner” have the meanings given those terms in ORS 40.225. A client has a right to privately communicate…
40.230 Rule 504
Psychotherapist-patient privilege. (1) As used in this section, unless the context requires otherwise: “Confidential communication” means a communication not intended to be disclosed to third persons except: Persons present to further the interest of the patient in the consultation, examination or interview; Persons reasonably necessary for the transmissi…
40.235 Rule 504-1
Physician-patient privilege. (1) As used in this section, unless the context requires otherwise: “Confidential communication” means a communication not intended to be disclosed to third persons except: Persons present to further the interest of the patient in the consultation, examination or interview; Persons reasonably necessary for the transmission of …
40.240 Rule 504-2
Nurse-patient privilege. A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient. [1981 c.892 §33b] 40.245 Rule 504-3. School employee-student…
40.340 [1981 c.892 §50; repealed by 1987 c.352 §1]repealed
No operative statutory text appears at this designation in the selected edition.