ORS 31.266 Discussion communications; admissibility; disclosure

As used in this section, “discussion communication” means:

All communications, written and oral, that are made in the course of a discussion under ORS 31.264; and

All memoranda, work products, documents and other materials that are prepared for or submitted in the course of or in connection with a discussion under ORS 31.264.

Discussion communications and offers of compensation made under ORS 31.264:

Do not constitute an admission of liability.

Are confidential and may not be disclosed.

Except as provided in subsection (3) of this section, are not admissible as evidence in any subsequent adjudicatory proceeding and may not be disclosed by the parties in any subsequent adjudicatory proceeding.

A party may move the court or other decision maker to admit as evidence in a subsequent adjudicatory proceeding a discussion communication that contradicts a statement made during the subsequent adjudicatory proceeding. The court or other decision maker shall allow a discussion communication that contradicts a statement made at a subsequent adjudicatory proceeding into evidence only if the discussion communication is material to the claims presented in the subsequent adjudicatory proceeding.

A party may not move to admit expressions of regret or apology that are inadmissible under ORS 677.082.

Communications, memoranda, work products, documents and other materials, otherwise subject to discovery, that were not prepared specifically for use in a discussion under ORS 31.264, are not confidential.

Any communication, memorandum, work product or document that, before its use in a discussion under ORS 31.264, was a public record as defined in ORS 192.311 remains subject to disclosure to the extent provided by ORS 192.311 to 192.478.

The limitations on admissibility and disclosure in subsequent adjudicatory proceedings imposed by this section apply to any subsequent judicial proceeding, administrative proceeding or arbitration proceeding. The limitations on disclosure imposed by this section include disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and a person that is prohibited from disclosing information under the provisions of this section may not be compelled to reveal confidential communications or agreements in any discovery conducted as part of a subsequent adjudicatory proceeding.