There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 1, Chapters 1 - 55
ORS Chapter 40
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 Withdrawn plea or statement not admissible.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.
- 40.225 Rule 503. Lawyer-client privilege.
- Note: Section 6, chapter 513, Oregon Laws 2007, provides:
- Sec. 6.
- 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. Regulated social worker-client privilege.
- 40.252 Rule 504-5. Communications revealing intent to commit certain crimes.
- Note: 40.252 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 40.255 Rule 505. Husband-wife privilege.
- 40.260 Rule 506. Member of clergy-penitent privilege.
- 40.262 Rule 507. Counselor-client privilege.
- Note: 40.262 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.
- 40.265 Rule 508a. Stenographer-employer privilege.
- 40.270 Rule 509. Public officer privilege.
- 40.272 Rule 509-1. Sign language interpreter privilege.
- Note: 40.272 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 40.273 Rule 509-2. Non-English-speaking person-interpreter privilege.
- Note: 40.273 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 40 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 40.275 Rule 510. Identity of informer.
- Note: The amendments to 40.275 by section 37, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 15, 2015, is set forth for the user s convenience.
- 40.275. (1) As used in this section, unit of government means: (a) The federal government or any state or political subdivision thereof; or (b) A university that has commissioned police officers under ORS 352.383. (2) A unit of government has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of law to a law enforcement officer or member of a legislative committee or its staff conducting an investigation. (3) The privilege created by this section may be claimed by an appropriate representative of the unit of government if the information was furnished to an officer thereof. (4) No privilege exists under this section: (a) If the identity of the informer or the informer s interest in the subject matter of the communication has been disclosed to those who would have cause to resent the communication by a holder of the privilege or by the informer s own action, or if the informer appears as a witness for the unit of government. (b) If it appears from the evidence in the case or from other showing by a party that an informer may be able to give testimony necessary to a fair determination of the issue of guilt or innocence in a criminal case or of a material issue on the merits in a civil case to which the unit of government is a party, and the unit of government invokes the privilege, and the judge gives the unit of government an opportunity to show in camera facts relevant to determining whether the informer can, in fact, supply that testimony. The showing will ordinarily be in the form of affidavits, but the judge may direct that testimony be taken if the judge finds that the matter cannot be resolved satisfactorily upon affidavit. If the judge finds that there is a reasonable probability that the informer can give the testimony, and the unit of government elects not to disclose identity of the informer, the judge on motion of the defendant in a criminal case shall dismiss the charges to which the testimony would relate, and the judge may do so on the judge s own motion. In civil cases, the judge may make any order that justice requires. Evidence submitted to the judge shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the unit of government. All counsel and parties shall be permitted to be present at every stage of proceedings under this paragraph except a showing in camera, at which no counsel or party shall be permitted to be present. (c) If information from an informer is relied upon to establish the legality of the means by which evidence was obtained and the judge is not satisfied that the information was received from an informer reasonably believed to be reliable or credible. The judge may require the identity of the informer to be disclosed. The judge shall, on request of the unit of government, direct that the disclosure be made in camera. All counsel and parties concerned with the issue of legality shall be permitted to be present at every stage of proceedings under this paragraph except a disclosure in camera, at which no counsel or party shall be permitted to be present. If disclosure of the identity of the informer is made in camera, the record thereof shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the unit of government.
- 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.
- 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.
- 40.340 [1981 c.892 50; repealed by 1987 c.352 1]
- 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.
- Note: 40.355 (7) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 40 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 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.
- 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.
- 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.
- 40.505 Rule 901. Requirement of authentication or identification.
- 40.510 Rule 902. Self-authentication.
- 40.515 Rule 903. Subscribing witness testimony unnecessary.
- 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.
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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