Oregon Law
Law as of Jan 1, 2026
Chapter contents
40.010Rule 100. Short title 40.015Rule 101. Applicability of Oregon Evidence Code 40.020Rule 102. Purpose and construction 40.025Rule 103. Rulings on evidence 40.030Rule 104. Preliminary questions 40.035Rule 105. Limited admissibility 40.040Rule 106. When part of transaction proved, whole admissible 40.060Rule 201(a). Scope 40.065Rule 201(b). Kinds of facts 40.070Rules 201(c) and 201(d). When mandatory or discretionary 40.075Rule 201(e). Opportunity to be heard 40.080Rule 201(f). Time of taking notice 40.085Rule 201(g). Instructing the jury 40.090Rule 202. Law that is judicially noticed 40.105Rule 305. Allocation of the burden of persuasion 40.110Rule 306. Instructions on the burden of persuasion 40.115Rule 307. Allocation of the burden of producing evidence 40.120Rule 308. Presumptions in civil proceedings 40.125Rule 309. Presumptions in criminal proceedings 40.130Rule 310. Conflicting presumptions 40.135Rule 311. Presumptions 40.150Rule 401. Definition of “relevant evidence.” 40.155Rule 402. Relevant evidence generally admissible 40.160Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay 40.170Rule 404. Character evidence; evidence of other crimes, wrongs or acts 40.172Rule 404-1. Pattern, practice or history of abuse; expert testimony 40.175Rule 405. Methods of proving character 40.180Rule 406. Habit; routine practice 40.185Rule 407. Subsequent remedial measures 40.190Rule 408. Compromise and offers to compromise 40.195Rule 409. Payment of medical and similar expenses 40.200Rule 410. Withdrawn plea or statement not admissible 40.205Rule 411. Liability insurance 40.210Rule 412. Sex offense cases; relevance of victim’s past behavior or manner of dress 40.211Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct 40.215Rule 413. Measures and assessments intended to minimize impact of or plan for natural disaster 40.225Rule 503. Law practitioner-client privilege 40.227Rule 503-1. Right of client to communicate with law practitioner; inadmissibility of evidence obtained or disclosed without client’s consent 40.230Rule 504. Psychotherapist-patient privilege 40.235Rule 504-1. Physician-patient privilege 40.240Rule 504-2. Nurse-patient privilege 40.245Rule 504-3. School employee-student privilege 40.250Rule 504-4. Regulated social worker-client privilege 40.252Rule 504-5. Communications revealing intent to commit certain crimes 40.255Rule 505. Spousal privilege 40.260Rule 506. Member of clergy-penitent privilege 40.262Rule 507. Counselor-client privilege 40.264Rule 507-1. Certified advocate-victim privilege 40.265Rule 508a. Stenographer-employer privilege 40.270Rule 509. Public officer privilege 40.272Rule 509-1. Sign language interpreter privilege 40.273Rule 509-2. Non-English-speaking person-interpreter privilege 40.274Rule 509-3. Legislative branch offsite process counselor privilege 40.275Rule 510. Identity of informer 40.280Rule 511. Waiver of privilege by voluntary disclosure 40.285Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege 40.290Rule 513. Comment upon or inference from claim of privilege 40.295Rule 514. Effect on existing privileges 40.310Rule 601. General rule of competency 40.315Rule 602. Lack of personal knowledge 40.320Rule 603. Oath or affirmation 40.325Rule 604. Interpreters 40.330Rule 605. Competency of judge as witness 40.335Rule 606. Competency of juror as witness 40.340[1981 c.892 §50; repealed by 1987 c.352 §1] 40.345Rule 607. Who may impeach 40.350Rule 608. Evidence of character and conduct of witness 40.355Rule 609. Impeachment by evidence of conviction of crime; exceptions 40.360Rule 609-1. Impeachment for bias or interest 40.365Rule 610. Religious beliefs or opinions 40.370Rule 611. Mode and order of interrogation and presentation 40.375Rule 612. Writing used to refresh memory 40.380Rule 613. Prior statements of witnesses 40.385Rule 615. Exclusion of witnesses 40.405Rule 701. Opinion testimony by lay witnesses 40.410Rule 702. Testimony by experts 40.415Rule 703. Bases of opinion testimony by experts 40.420Rule 704. Opinion on ultimate issue 40.425Rule 705. Disclosure of fact or data underlying expert opinion 40.430Rule 706. Impeachment of expert witness by learned treatise 40.450Rule 801. Definitions for ORS 40.450 to 40.475 40.455Rule 802. Hearsay rule 40.460Rule 803. Hearsay exceptions; availability of declarant immaterial 40.465Rule 804. Hearsay exceptions when the declarant is unavailable 40.470Rule 805. Hearsay within hearsay 40.475Rule 806. Attacking and supporting credibility of declarant 40.505Rule 901. Requirement of authentication or identification 40.510Rule 902. Self-authentication 40.515Rule 903. Subscribing witness’ testimony unnecessary 40.550Rule 1001. Definitions for ORS 40.550 to 40.585 40.555Rule 1002. Requirement of original 40.560Rule 1003. Admissibility of duplicates 40.562Rule 1003-1. Admissibility of reproduction 40.565Rule 1004. Admissibility of other evidence of contents 40.570Rule 1005. Public records 40.575Rule 1006. Summaries 40.580Rule 1007. Testimony or written admission of party 40.585Rule 1008. Functions of court and jury

Chapter 40 — Evidence Code

ORS 40.015 Rule 101. Applicability of Oregon Evidence Code

(1)

The Oregon Evidence Code applies to all courts in this state except for:

(a)

A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501;

(b)

The small claims department of a circuit court as provided by ORS 46.415; and

(c)

The small claims department of a justice court as provided by ORS 52.795.

(2)

The Oregon Evidence Code applies generally to civil actions, suits and proceedings, criminal actions and proceedings and to contempt proceedings except those in which the court may act summarily.

(3)

ORS 40.225 to 40.295 relating to privileges apply at all stages of all actions, suits and proceedings.

(4)

ORS 40.010 to 40.210 and 40.310 to 40.585 do not apply in the following situations:

(a)

The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under ORS 40.030.

(b)

Proceedings before grand juries, except as required by ORS 132.320.

(c)

Proceedings for extradition, except as required by ORS 133.743 to 133.857.

(d)

Sentencing proceedings, except proceedings under ORS 138.052 and 163.150, as required by ORS 137.090 or proceedings under ORS 136.765 to 136.785.

(e)

Proceedings to revoke probation, except as required by ORS 137.090.

(f)

Proceedings conducted in a reentry court under ORS 144.099.

(g)

Issuance of warrants of arrest, bench warrants or search warrants.

(h)

Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173.

(i)

Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (2) and 419C.400 (4).

(j)

Proceedings under ORS 813.210, 813.215, 813.220, 813.230, 813.250 and 813.255 to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

(k)

Proceedings under ORS 147.530 relating to victims’ rights, except for the provisions of ORS 40.105 and 40.115.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.