US Laws, Codes, Statutes & Cases

TITLE 4

EVIDENCE AND WITNESSES

 

Chapter     40.       Evidence Code

                  41.       Evidence Generally

                  42.       Execution, Formalities and Interpretation of Writings

                  43.       Public Writings

                  44.       Witnesses

                  45.       Testimony Generally

 

_______________

 

Chapter 40 — Evidence Code

 

2007 EDITION

 

EVIDENCE CODE

 

EVIDENCE AND WITNESSES

 

GENERAL PROVISIONS

 

40.010       Rule 100. Short title

 

40.015       Rule 101. Applicability of Oregon Evidence Code

 

40.020       Rule 102. Purpose and construction

 

40.025       Rule 103. Rulings on evidence

 

40.030       Rule 104. Preliminary questions

 

40.035       Rule 105. Limited admissibility

 

40.040       Rule 106. When part of transaction proved, whole admissible

 

JUDICIAL NOTICE

 

40.060       Rule 201(a). Scope

 

40.065       Rule 201(b). Kinds of facts

 

40.070       Rules 201(c) and 201(d). When mandatory or discretionary

 

40.075       Rule 201(e). Opportunity to be heard

 

40.080       Rule 201(f). Time of taking notice

 

40.085       Rule 201(g). Instructing the jury

 

40.090       Rule 202. Law that is judicially noticed

 

BURDEN OF PERSUASION; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS

 

40.105       Rule 305. Allocation of the burden of persuasion

 

40.110       Rule 306. Instructions on the burden of persuasion

 

40.115       Rule 307. Allocation of the burden of producing evidence

 

40.120       Rule 308. Presumptions in civil proceedings

 

40.125       Rule 309. Presumptions in criminal proceedings

 

40.130       Rule 310. Conflicting presumptions

 

40.135       Rule 311. Presumptions

 

RELEVANCY

 

40.150       Rule 401. Definition of “relevant evidence”

 

40.155       Rule 402. Relevant evidence generally admissible

 

40.160       Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay

 

40.170       Rule 404. Character evidence; evidence of other crimes, wrongs or acts

 

40.172       Rule 404-1. Pattern, practice or history of abuse; expert testimony

 

40.175       Rule 405. Methods of proving character

 

40.180       Rule 406. Habit; routine practice

 

40.185       Rule 407. Subsequent remedial measures

 

40.190       Rule 408. Compromise and offers to compromise

 

40.195       Rule 409. Payment of medical and similar expenses

 

40.200       Rule 410. Withdrawn plea or statement not admissible

 

40.205       Rule 411. Liability insurance

 

40.210       Rule 412. Sex offense cases; relevance of victim’s past behavior or manner of dress

 

PRIVILEGES

 

40.225       Rule 503. Lawyer-client privilege

 

40.230       Rule 504. Psychotherapist-patient privilege

 

40.235       Rule 504-1. Physician-patient privilege

 

40.240       Rule 504-2. Nurse-patient privilege

 

40.245       Rule 504-3. School employee-student privilege

 

40.250       Rule 504-4. Clinical social worker-client privilege

 

40.252       Rule 504-5. Communications revealing intent to commit certain crimes

 

40.255       Rule 505. Husband-wife privilege

 

40.260       Rule 506. Member of clergy-penitent privilege

 

40.262       Rule 507. Counselor-client privilege

 

40.265       Rule 508a. Stenographer-employer privilege

 

40.270       Rule 509. Public officer privilege

 

40.272       Rule 509-1. Sign language interpreter privilege

 

40.273       Rule 509-2. Non-English-speaking person-interpreter privilege

 

40.275       Rule 510. Identity of informer

 

40.280       Rule 511. Waiver of privilege by voluntary disclosure

 

40.285       Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege

 

40.290       Rule 513. Comment upon or inference from claim of privilege

 

40.295       Rule 514. Effect on existing privileges

 

WITNESSES

 

40.310       Rule 601. General rule of competency

 

40.315       Rule 602. Lack of personal knowledge

 

40.320       Rule 603. Oath or affirmation

 

40.325       Rule 604. Interpreters

 

40.330       Rule 605. Competency of judge as witness

 

40.335       Rule 606. Competency of juror as witness

 

40.345       Rule 607. Who may impeach

 

40.350       Rule 608. Evidence of character and conduct of witness

 

40.355       Rule 609. Impeachment by evidence of conviction of crime; exceptions

 

40.360       Rule 609-1. Impeachment for bias or interest

 

40.365       Rule 610. Religious beliefs or opinions

 

40.370       Rule 611. Mode and order of interrogation and presentation

 

40.375       Rule 612. Writing used to refresh memory

 

40.380       Rule 613. Prior statements of witnesses

 

40.385       Rule 615. Exclusion of witnesses

 

OPINIONS AND EXPERT TESTIMONY

 

40.405       Rule 701. Opinion testimony by lay witnesses

 

40.410       Rule 702. Testimony by experts

 

40.415       Rule 703. Bases of opinion testimony by experts

 

40.420       Rule 704. Opinion on ultimate issue

 

40.425       Rule 705. Disclosure of fact or data underlying expert opinion

 

40.430       Rule 706. Impeachment of expert witness by learned treatise

 

HEARSAY

 

40.450       Rule 801. Definitions for ORS 40.450 to 40.475

 

40.455       Rule 802. Hearsay rule

 

40.460       Rule 803. Hearsay exceptions; availability of declarant immaterial

 

40.465       Rule 804. Hearsay exceptions when the declarant is unavailable

 

40.470       Rule 805. Hearsay within hearsay

 

40.475       Rule 806. Attacking and supporting credibility of declarant

 

AUTHENTICATION AND IDENTIFICATION

 

40.505       Rule 901. Requirement of authentication or identification

 

40.510       Rule 902. Self-authentication

 

40.515       Rule 903. Subscribing witness’ testimony unnecessary

 

CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS

 

40.550       Rule 1001. Definitions for ORS 40.550 to 40.585

 

40.555       Rule 1002. Requirement of original

 

40.560       Rule 1003. Admissibility of duplicates

 

40.562       Rule 1003-1. Admissibility of reproduction

 

40.565       Rule 1004. Admissibility of other evidence of contents

 

40.570       Rule 1005. Public records

 

40.575       Rule 1006. Summaries

 

40.580       Rule 1007. Testimony or written admission of party

 

40.585       Rule 1008. Functions of court and jury

 

GENERAL PROVISIONS

 

      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. [1981 c.892 §1]

 

      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 55.080.

      (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 138.012 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) Issuance of warrants of arrest, bench warrants or search warrants.

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

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

      (i) 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. [1981 c.892 §2; 1983 c.784 §1; 1985 c.16 §444; 1987 c.441 §10; 1993 c.18 §13; 1993 c.33 §289; 1995 c.531 §1; 1995 c.650 §22; 1995 c.657 §22; 1995 c.658 §35; 1999 c.1055 §11; 2005 c.345 §2; 2005 c.463 §8; 2005 c.463 §13; 2005 c.843 §25; 2007 c.16 §2]

 

      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. [1981 c.892 §3]

 

      40.025 Rule 103. Rulings on evidence. (1) 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:

      (a) 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 the specific ground was not apparent from the context; or

      (b) In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

      (2) The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. It may direct the making of an offer in question and answer form.

      (3) In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.

      (4) Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court. [1981 c.892 §4]

 

      40.030 Rule 104. Preliminary questions. (1) 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 respect to privileges.

      (2) When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

      (3) Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused is a witness, if the accused so requests.

      (4) The accused does not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the case.

      (5) This section does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. [1981 c.892 §5]

 

      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. [1981 c.892 §6]

 

      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, conversation or writing is given in evidence, any other act, declaration, conversation or writing which is necessary to make it understood may at that time also be given in evidence. [1981 c.892 §6a]

 

JUDICIAL NOTICE

 

      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. [1981 c.892 §7]

 

      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:

      (1) Generally known within the territorial jurisdiction of the trial court; or

      (2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. [1981 c.892 §8]

 

      40.070 Rules 201(c) and 201(d). When mandatory or discretionary. (1) A court may take judicial notice, whether requested or not.

      (2) A court shall take judicial notice if requested by a party and supplied with the necessary information. [1981 c.892 §9]

 

      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. [1981 c.892 §10]

 

      40.080 Rule 201(f). Time of taking notice. Judicial notice may be taken at any stage of the proceeding. [1981 c.892 §11]

 

      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.

      (2) 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. [1981 c.892 §12]

 

      40.090 Rule 202. Law that is judicially noticed. Law judicially noticed is defined as:

      (1) 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.

      (2) Public and private official acts of the legislative, executive and judicial departments of this state, the United States, any federally recognized American Indian tribal government and any other state, territory or other jurisdiction of the United States.

      (3) Rules of professional conduct for members of the Oregon State Bar.

      (4) Regulations, ordinances and similar legislative enactments issued by or under the authority of the United States, any federally recognized American Indian tribal government or any state, territory or possession of the United States.

      (5) Rules of court of any court of this state or any court of record of the United States, of any federally recognized American Indian tribal government or of any state, territory or other jurisdiction of the United States.

      (6) The law of an organization of nations and of foreign nations and public entities in foreign nations.

      (7) An ordinance, comprehensive plan or enactment of any county or incorporated city in this state, or a right derived therefrom. As used in this subsection, “comprehensive plan” has the meaning given that term by ORS 197.015. [1981 c.892 §13; 2007 c.63 §1]

 

BURDEN OF PERSUASION; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS

 

      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. [1981 c.892 §14]

 

      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. [1981 c.892 §15]

 

      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.

      (2) The burden of producing evidence as to a particular issue is initially on the party with the burden of persuasion as to that issue. [1981 c.892 §16]

 

      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. [1981 c.892 §17]

 

      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.

      (2) 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) A reasonable juror on the evidence as a whole could find that the facts giving rise to the presumed fact have been established beyond a reasonable doubt; and

      (b) The presumed fact follows more likely than not from the facts giving rise to the presumed fact. [1981 c.892 §18]

 

      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. [1981 c.892 §19]

 

      40.135 Rule 311. Presumptions. (1) The following are presumptions:

      (a) A person intends the ordinary consequences of a voluntary act.

      (b) A person takes ordinary care of the person’s own concerns.

      (c) Evidence willfully suppressed would be adverse to the party suppressing it.

      (d) Money paid by one to another was due to the latter.

      (e) A thing delivered by one to another belonged to the latter.

      (f) An obligation delivered to the debtor has been paid.

      (g) A person is the owner of property from exercising acts of ownership over it or from common reputation of the ownership of the person.

      (h) A person in possession of an order on that person, for the payment of money or the delivery of a thing, has paid the money or delivered the thing accordingly.

      (i) A person acting in a public office was regularly appointed to it.

      (j) Official duty has been regularly performed.

      (k) A court, or judge acting as such, whether in this state or any other state or country, was acting in the lawful exercise of the jurisdiction of the court.

      (L) Private transactions have been fair and regular.

      (m) The ordinary course of business has been followed.

      (n) A promissory note or bill of exchange was given or indorsed for a sufficient consideration.

      (o) An indorsement of a negotiable promissory note, or bill of exchange, was made at the time and place of making the note or bill.

      (p) A writing is truly dated.

      (q) A letter duly directed and mailed was received in the regular course of the mail.

      (r) A person is the same person if the name is identical.

      (s) A person not heard from in seven years is dead.

      (t) Persons acting as copartners have entered into a contract of copartnership.

      (u) A man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage.

      (v) A child born in lawful wedlock is legitimate.

      (w) A thing once proved to exist continues as long as is usual with things of that nature.

      (x) The law has been obeyed.

      (y) An uninterrupted adverse possession of real property for 20 years or more has been held pursuant to a written conveyance.

      (z) A trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to the person, when such presumption is necessary to perfect the title of the person or the person’s successor in interest.

      (2) A statute providing that a fact or a group of facts is prima facie evidence of another fact establishes a presumption within the meaning of this section. [1981 c.892 §20]

 

RELEVANCY

 

      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. [1981 c.892 §21]

 

      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. [1981 c.892 §22]

 

      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. [1981 c.892 §23]

 

      40.170 Rule 404. Character evidence; evidence of other crimes, wrongs or acts. (1) Evidence of a person’s character or trait of character is admissible when it is an essential element of a charge, claim or defense.

      (2) 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:

      (a) Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same;

      (b) Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same or evidence of a character trait of peacefulness of the victim offered by the prosecution to rebut evidence that the victim was the first aggressor;

      (c) Evidence of the character of a witness, as provided in ORS 40.345 to 40.355; or

      (d) Evidence of the character of a party for violent behavior offered in a civil assault and battery case when self-defense is pleaded and there is evidence to support such defense.

      (3) Evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

      (4) In criminal actions, evidence of other crimes, wrongs or acts by the defendant is admissible if relevant except as otherwise provided by:

      (a) ORS 40.180, 40.185, 40.190, 40.195, 40.200, 40.205, 40.210 and, to the extent required by the United States Constitution or the Oregon Constitution, ORS 40.160;

      (b) The rules of evidence relating to privilege and hearsay;

      (c) The Oregon Constitution; and

      (d) The United States Constitution. [1981 c.892 §24; 1997 c.313 §29]

 

      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:

      (a) Is relevant to any material issue in the proceeding; and

      (b) Is not inadmissible under any other provision of law including, but not limited to, rules regarding relevance, privilege, hearsay, competency and authentication.

      (2) This section may not be construed to limit any evidence that would otherwise be admissible under the Oregon Evidence Code or any other provision of law.

      (3) As used in this section, “abuse” has the meaning given that term in ORS 107.705. [1997 c.397 §2]

 

      Note: 40.172 was added to and made a part of 40.010 to 40.585 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      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.

      (2)(a) In cases in which character or a trait of character of a person is admissible under ORS 40.170 (1), proof may also be made of specific instances of the conduct of the person.

      (b) When evidence is admissible under ORS 40.170 (3) or (4), proof may be made of specific instances of the conduct of the person. [1981 c.892 §25; 1997 c.313 §34]

 

      40.180 Rule 406. Habit; routine practice. (1) 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.

      (2) As used in this section, “habit” means a person’s regular practice of meeting a particular kind of situation with a specific, distinctive type of conduct. [1981 c.892 §21]

 

      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 offered for another purpose, such as proving ownership, control, or feasibility of precautionary measures, if controverted, or impeachment. [1981 c.892 §27]

 

      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 amount.

      (b) Evidence of conduct or statements made in compromise negotiations is likewise not admissible.

      (2)(a) Subsection (1) of this section does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations.

      (b) Subsection (1) of this section also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. [1981 c.892 §28]

 

      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. [1981 c.892 §29]

 

      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.

      (2) 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 has been withdrawn shall be received against the defendant in any criminal proceeding. [1981 c.892 §29a]

 

      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.

      (2) Subsection (1) of this section does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proving agency, ownership or control, or bias, prejudice or motive of a witness. [1981 c.892 §30]

 

      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 163.355 to 163.427, or in a prosecution for an attempt to commit one of these crimes, the following evidence is not admissible:

      (a) Reputation or opinion evidence of the past sexual behavior of an alleged victim of the crime or a corroborating witness; or

      (b) Reputation or opinion evidence presented for the purpose of showing that the manner of dress of an alleged victim of the crime incited the crime or indicated consent to the sexual acts alleged in the charge.

      (2) Notwithstanding any other provision of law, in a prosecution for a crime described in ORS 163.355 to 163.427, or in a prosecution for an attempt to commit one of these crimes, evidence of a victim’s past sexual behavior other than reputation or opinion evidence is also not admissible, unless the evidence other than reputation or opinion evidence:

      (a) Is admitted in accordance with subsection (4) of this section; and

      (b) Is evidence that:

      (A) Relates to the motive or bias of the alleged victim;