2007 Oregon Code - Chapter 43 :: Chapter 43 - Public Writings
Chapter 43 — Public
Writings
2007 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     43.010 [Repealed by 1981 c.892 §98]
     43.020 [Repealed by 1981 c.892 §98]
     43.030 [Repealed by 1981 c.892 §98]
     43.040 [Repealed by 1981 c.892 §98]
     43.050 [Repealed by 1981 c.892 §98]
     43.060 [Repealed by 1981 c.892 §98]
     43.070 [Repealed by 1981 c.892 §98]
     43.080 [Repealed by 1981 c.892 §98]
     43.110 [Repealed by 1981 c.892 §98]
     43.120 [Repealed by 1981 c.892 §98]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
     (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
     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
     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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