2019 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 040 - Evidence Code
Section 40.211 - Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct.
(1) Unless the alleged victim has placed the evidence in controversy and the court determines that the probative value of the evidence substantially outweighs the danger of harm to any victim and of unfair prejudice to any party, the following evidence is not admissible in a civil proceeding involving alleged sexual misconduct:
(a) Evidence offered to prove that an alleged victim engaged in other sexual behavior; or
(b) Evidence offered to prove an alleged victim’s sexual predisposition.
(2) If a party intends to offer evidence under subsection (1) of this section, the party must:
(a) Make a written motion at least 15 days before the date on which the proceeding in which the evidence is to be offered is scheduled to begin unless the court, for good cause, sets a different time;
(b) In the motion, specifically describe the evidence and state the purpose for which it is to be offered;
(c) Serve the motion on all parties; and
(d) Notify the alleged victim or the alleged victim’s representative.
(3) Before admitting evidence under this section, the court must conduct an in camera hearing and give the alleged victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials and the record of the hearing are confidential. A party making a motion under this section shall state in the caption that the motion is confidential.
(4) As used in this section, "in camera" means out of the presence of the public and the jury. [2017 c.321 §2]
