Chapter 41 Evidence Generally

41.010 Judicial evidence; proof

Judicial evidence is the means, sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact. Proof is the effect of evidence, the establishment of the fact by evidence.

41.020 [Repealed by 1981 c.892 §98]

41.030 [Repealed by 1981 c.892 §98]

41.040 [Repealed by 1981 c.892 §98]

41.050 [Repealed by 1981 c.892 §98]

41.060 [Repealed by 1981 c.892 §98]

41.070 [Repealed by 1981 c.892 §98]

41.080 [Repealed by 1981 c.892 §98]

41.090 [Repealed by 1981 c.892 §98]

41.100 [Repealed by 1981 c.892 §98]

41.110 Satisfactory evidence

Satisfactory evidence is that which ordinarily produces moral certainty or conviction in an unprejudiced mind. It alone will justify a verdict. Evidence less than this is insufficient evidence.

41.120 [Repealed by 1981 c.892 §98]

41.130 [Repealed by 1981 c.892 §98]

41.140 [Repealed by 1981 c.892 §98]

41.150 [Repealed by 1981 c.892 §98]

41.210 [Repealed by 1981 c.892 §98]

41.220 [Repealed by 1981 c.892 §98]

41.230 [Repealed by 1981 c.892 §98]

41.240 [Repealed by 1981 c.892 §98]

41.250 [Repealed by 1981 c.892 §98]

41.260 [Repealed by 1981 c.892 §98]

41.270 Proof of usage

Usage shall be proved by the testimony of at least two witnesses. Evidence may be given of usage to explain the true character of an act, contract or instrument when such true character is not otherwise plain, but usage is never admissible except as a means of interpretation.

41.280 [Repealed by 1981 c.892 §98]

41.310 [Repealed by 1981 c.892 §98]

41.315 [1987 c.774 §§1,2; repealed by 1995 c.688 §6]

41.320 [Repealed by 1981 c.892 §98]

41.330 [Repealed by 1981 c.892 §98]

41.340 [Repealed by 1981 c.892 §98]

41.350 [Amended by 1971 c.127 §1; repealed by 1981 c.892 §98]

41.360 [Amended by 1957 c.679 §1; 1961 c.726 §399; repealed by 1981 c.892 §98]

41.410 [Repealed by 1981 c.892 §98]

41.415 Photograph of victim in prosecution for criminal homicide

In a prosecution for any criminal homicide, a photograph of the victim while alive shall be admissible evidence when offered by the district attorney to show the general appearance and condition of the victim while alive.

41.420 [Repealed by 1981 c.892 §98]

41.430 [Repealed by 1981 c.892 §98]

41.440 [Repealed by 1981 c.892 §98]

41.450 [Repealed by 1981 c.892 §98]

41.460 [Repealed by 1981 c.892 §98]

41.470 [Repealed by 1981 c.892 §98]

41.480 [Repealed by 1981 c.892 §98]

41.500 “Secondary evidence” defined for ORS 41.500 to 41.580

As used in ORS 41.500 to 41.580, “secondary evidence” means a copy, or oral evidence, of an original writing or object.

41.510 Indispensable evidence

Certain evidence is necessary to the validity of particular acts or the proof of particular facts.

41.520 Evidence to prove a will

Evidence of a will shall be the written instrument itself, or secondary evidence of the contents of the will, in the cases prescribed by law.

41.530 Evidence of representations as to third persons

No evidence is admissible to charge a person upon a representation as to the credit, skill or character of a third person, unless the representation, or some memorandum thereof, be in writing, and either subscribed by or in the handwriting of the party to be charged.

41.540 [Repealed by 1977 c.479 §1]

41.550 [Repealed by 1961 c.726 §427]

41.560 Grant or assignment of trust

Every grant or assignment of any existing trust in lands, tenements, hereditaments, goods or things in action is void, unless it is in writing and subscribed by the party making it or by the lawfully authorized agent of the party.

41.570 Contracts and communications made by telegraph

Contracts made by telegraph shall be held to be in writing; and all communications sent by telegraph, and signed by the sender, or by the authority of the sender, shall be held to be in writing.

41.580 Statute of frauds

In the following cases the agreement is void unless it, or some note or memorandum thereof, expressing the consideration, is in writing and subscribed by the party to be charged, or by the lawfully authorized agent of the party; evidence, therefore, of the agreement shall not be received other than the writing, or secondary evidence of its contents in the ca…

41.590 [Repealed by 1961 c.726 §427]

41.610 [Repealed by 1981 c.892 §98]

41.615 [1959 c.353 §§1,3 (subsection (2) enacted in lieu of 41.630); 1973 c.231 §1; repealed by 1977 c.358 §1 (41.616 enacted in lieu of 41.615)]

41.616 [1977 c.358 §2 (enacted in lieu of 41.615); repealed by 1979 c.284 §199]

41.617 [1977 c.358 §3; repealed by 1979 c.284 §199]

41.618 [1977 c.358 §4; repealed by 1979 c.284 §199]

41.620 [Repealed by 1979 c.284 §199]

41.622 [1977 c.744 §2; repealed by 1979 c.284 §199]

41.625 [1959 c.349 §1; repealed by 1977 c.240 §1; (41.626 enacted in lieu of 41.625)]

41.626 [1977 c.240 §2 (enacted in lieu of 41.625); repealed by 1979 c.284 §199]

41.630 [Repealed by 1959 c.353 §2 (subsection (2) of 41.615 enacted in lieu of 41.630)]

41.631 [1977 c.240 §4; repealed by 1979 c.284 §199]

41.635 [1977 c.240 §3 and 1977 c.358 §5; repealed by 1979 c.284 §199]

41.640 [Repealed by 1981 c.892 §98]

41.650 [Repealed by 1981 c.892 §98]

41.660 Admissibility of objects cognizable by the senses

Whenever an object, cognizable by the senses, has such a relation to the fact in dispute as to afford reasonable grounds of belief respecting it, or to make an item in the sum of the evidence, the object may be exhibited to the jury, or its existence, situation and character may be proved by witnesses. The exhibition of the object to the jury shall be regula…

41.670 [Repealed by 1981 c.892 §98]

41.675 Inadmissibility of certain data provided to peer review body of health care providers and health care groups

As used in this section, “peer review body” includes tissue committees, governing bodies or committees including medical staff committees of a health care facility licensed under ORS chapter 441, medical staff committees of the Department of Corrections and similar committees of professional societies, a health care service contractor as defined in ORS 750.0…

41.680 [Repealed by 1981 c.892 §98]

41.685 Inadmissibility of certain data relating to emergency medical services system

All data shall be privileged and are not public records as defined in ORS 192.311 and shall not be admissible in evidence in any judicial proceeding except as provided under ORS 676.175. However, nothing in this section affects the admissibility in evidence of a party’s medical records dealing with a party’s medical care. On request, an emergency medical se…

41.690 [Repealed by 1981 c.892 §98]

41.700 [Repealed by 1981 c.892 §98]

41.710 [Repealed by 1981 c.892 §98]

41.720 [Repealed by 1981 c.892 §98]

41.730 [Repealed by 1981 c.892 §98]

41.740 Parol evidence rule

When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except where a mistake or imperfection of the …

41.810 [Repealed by 1981 c.892 §98]

41.815 Evidence of compliance with or attempt to comply with ORCP 32 I; when admissible

Attempts to comply with the provisions of ORCP 32 I by a person receiving a demand shall be construed to be an offer to compromise and shall be inadmissible as evidence. Such attempts to comply with a demand shall not be considered an admission of engaging in the act or practice alleged to be unlawful nor of the unlawfulness of that act. Evidence of complian…

41.820 [Repealed by 1981 c.892 §98]

41.830 [Repealed by 1981 c.892 §98]

41.840 [Repealed by 1981 c.892 §98]

41.850 [Repealed by 1981 c.892 §98]

41.860 [Repealed by 1981 c.892 §98]

41.870 [Repealed by 1981 c.892 §98]

41.880 [Repealed by 1981 c.892 §98]

41.890 [Repealed by 1981 c.892 §98]

41.900 [Repealed by 1981 c.892 §98]

41.905 Admissibility in subsequent civil action of procedures in traffic crimes

A plea to a charge of a traffic crime, as defined in ORS 801.545, and any judgment of conviction or acquittal of a person charged with a traffic crime, as defined by ORS 801.545, are not admissible in the trial of a subsequent civil action arising out of the same accident or occurrence to prove or negate the facts upon which such judgment was rendered.

41.910 Certain intercepted communications inadmissible

Evidence of the contents of any wire or oral communication intercepted: In violation of ORS 165.540 shall not be admissible in any court of this state, except as evidence of unlawful interception or when the evidence was created by the use of a video camera worn upon a law enforcement officer’s person and the officer either substantially complied with or at…

41.915 [1973 c.263 §1; repealed by 1979 c.284 §199]

41.920 [1973 c.263 §2; repealed by 1979 c.284 §199]

41.925 [1973 c.263 §3; repealed by 1979 c.284 §199]

41.930 Admissibility of copies of original records

The copy of the records described in ORCP 55 H or ORS 136.447 is admissible in evidence to the same extent as though the original thereof were offered and a custodian of hospital records had been present and testified to the matters stated in the affidavit. The affidavit is admissible as evidence of the matters stated therein. The matters stated therein are …

41.935 [1973 c.263 §5; repealed by 1979 c.284 §199]

41.940 [1973 c.263 §§6,7; repealed by 1979 c.284 §199]

41.945 Application of ORS 41.930 and ORCP 55 H

ORS 41.930 and ORCP 55 H apply in any proceedings in which testimony may be compelled. Note: ORCP 55 was repealed and replaced by the Council on Court Procedures Amendments promulgated on December 8, 2018, and effective January 1, 2020. The text of 41.945 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of…