2005 Oregon Code - Chapter 43 :: Chapter 43 - Public Writings
Chapter 43 — Public Writings
2005 EDITION
PUBLIC WRITINGS
EVIDENCE AND WITNESSES
43.130Â Â Â Â Â Â Judicial orders that are conclusive
43.140Â Â Â Â Â Â Judicial orders that create a disputable presumption
43.150Â Â Â Â Â Â When parties the same
43.160Â Â Â Â Â Â What determined by former judgment
43.170Â Â Â Â Â Â Effect on principal of judgment against surety
43.180Â Â Â Â Â Â Effect of judicial record of other jurisdictions
43.200Â Â Â Â Â Â Effect of judicial record of foreign admiralty court
43.220Â Â Â Â Â Â Impeachment of judicial record
43.450Â Â Â Â Â Â Official records and files of United States Army, Navy and Air Force
     43.010 [Repealed by 1981 c.892 §98]
     43.020
[Repealed by 1981 c.892 §98]
     43.030
[Repealed by 1981 c.892 §98]
     43.040
[Repealed by 1981 c.892 §98]
     43.050
[Repealed by 1981 c.892 §98]
     43.060
[Repealed by 1981 c.892 §98]
     43.070
[Repealed by 1981 c.892 §98]
     43.080
[Repealed by 1981 c.892 §98]
     43.110
[Repealed by 1981 c.892 §98]
     43.120
[Repealed by 1981 c.892 §98]
     43.130
Judicial orders that are conclusive. The effect of a judgment, decree or
final order in an action, suit or proceeding before a court or judge of this
state or of the United States, having jurisdiction is as follows:
     (1) In case of a judgment, decree or order against a specific thing or in respect to the probate of a will or the administration of the estate of a deceased person or in respect to the personal, political, or legal condition or relation of a particular person, the judgment, decree or order is conclusive upon the title to the thing, the will or administration, or the condition or relation of the person.
     (2) In other cases, the judgment, decree or order is, in respect to the matter directly determined, conclusive between the parties, their representatives and their successors in interest by title subsequent to the commencement of the action, suit or proceeding, litigating for the same thing, under the same title and in the same capacity.
     43.140
Judicial orders that create a disputable presumption. A judicial order,
other than a judgment, decree or final order, in an action, suit or proceeding
before a court or judge of this state or of the United States creates a
disputable presumption concerning the matter directly determined between the
same parties, their representatives and their successors in interest by title
subsequent to the commencement of the action, suit or proceeding, litigating
for the same thing, under the same title and in the same capacity.
     43.150
When parties the same. The parties are the same when those between whom the
evidence is offered were adverse in the former case, and a judgment, decree or
other determination could have been made between them alone, though other
parties were joined.
     43.160
What determined by former judgment. That only is determined by a former
judgment, decree or order which appears upon its face to have been so
determined or which was actually and necessarily included therein or necessary
thereto.
     43.170
Effect on principal of judgment against surety. Whenever, pursuant to ORS
43.130 to 43.160, a party is bound by a record, and stands in the relation of
surety for another, the latter is also bound from the time that the latter has
notice of the action, suit or proceeding and a request from the surety to
defend against it.
     43.180
Effect of judicial record of other jurisdictions. The effect of a judicial
record of a sister state, the District of Columbia or a territory of the United
States is the same in this state as in the place where it was made, except:
     (1) It can be enforced in this state only by an action, suit or proceeding; and
     (2) The authority of a guardian, conservator, committee, executor or administrator does not extend beyond the jurisdiction of the government under which the guardian, conservator, committee, executor or administrator is invested with authority. [Amended by 1973 c.823 §90; 2005 c.22 §33]
     43.190
[Repealed by 1975 c.542 §2]
     43.200
Effect of judicial record of foreign admiralty court. The effect of a
judicial record of a court of admiralty of a foreign country is the same as if
it were the record of a court of admiralty of the United States.
     43.210
[Repealed by 1981 c.892 §98]
     43.220
Impeachment of judicial record. Any judicial record may be impeached and
the presumption arising therefrom overcome by evidence of a want of
jurisdiction, collusion between the parties, or fraud in the party offering the
record. The jurisdiction sufficient to sustain a record is jurisdiction over
the cause, over the parties and, when a specific thing is the subject of the
determination, over the thing.
     43.310
[Repealed by 1981 c.892 §98]
     43.320
[Repealed by 1981 c.892 §98]
     43.330
[Repealed by 1981 c.892 §98]
     43.340
[Repealed by 1981 c.892 §98]
     43.350
[Repealed by 1981 c.892 §98]
     43.360
[Repealed by 1981 c.892 §98]
     43.370
[Amended by 1967 c.489 §1; repealed by 1981 c.892 §98]
     43.380
[Renumbered 432.175]
     43.390
[Repealed by 1981 c.892 §98]
     43.400
[Repealed by 1981 c.892 §98]
     43.410
[Amended by 1961 c.150 §7; 1961 c.160 §3a; repealed by 1981 c.892 §98]
     43.420
[Repealed by 1981 c.892 §98]
     43.430
[Repealed by 1981 c.892 §98]
     43.440
[Repealed by 1981 c.892 §98]
     43.450
Official records and files of United States Army, Navy and Air Force.
Relevant official records and files of the Departments of the Army, Navy and
Air Force of the United States shall be accorded prima facie probative value in
evidence before any court or agency in which there is an issue of fact as to
the death or disappearance of any person while serving in or with the Armed
Forces of the United States.
     43.460
[Repealed by 1981 c.892 §98]
     43.470
[Amended by 1967 c.489 §2; repealed by 1981 c.892 §98]
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