ORS § 42.220 — OR Code / Title 4 / Chapter 42 / Section 42.220
42.220 Consideration of circumstances
Status: in_force

In construing an instrument, the circumstances under which it was made, including the situation of the subject and of the parties, may be shown so that the judge is placed in the position of those whose language the judge is interpreting.

Source: Section 42.220 — Consideration of circumstances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 40.275 — OR Code / Title 4 / Chapter 40 / Section 40.275
40.275 Rule 510. Identity of informer
Status: in_force

(1) As used in this section, “unit of government” means:

(a) The federal government or any state or political subdivision thereof;

(b) A university that has commissioned police officers under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) ; or

(c) A tribal government as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) , if the information referred to in this section relates to or assists in an investigation conducted by an authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) .

(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. [1981 c.892 §38; 2011 c.506 §2; 2011 c.644 §§10,37; 2013 c.180 §§2,3; 2015 c.174 §2]

Source: Section 40.275 — Rule 510. Identity of informer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.030 — OR Code / Title 4 / Chapter 40 / Section 40.030
40.030 Rule 104. Preliminary questions
Status: in_force

(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]

Source: Section 40.030 — Rule 104. Preliminary questions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.355 — OR Code / Title 4 / Chapter 40 / Section 40.355
40.355 Rule 609. Impeachment by evidence of conviction of crime
Status: in_force

(1) For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record, but only if the crime:

(a) Was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted; or

(b) Involved false statement or dishonesty.

(2) Intentionally left blank —Ed.

(a) If a defendant is charged with one or more of the crimes listed in paragraph (b) of this subsection, and the defendant is a witness, evidence that the defendant has been convicted of committing one or more of the following crimes against a family or household member, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , may be elicited from the defendant, or established by public record, and admitted into evidence for the purpose of attacking the credibility of the defendant:

(A) Assault in the fourth degree under ORS 163.160 (Assault in the fourth degree) .

(B) Menacing under ORS 163.190 (Menacing) .

(C) Harassment under ORS 166.065 (Harassment) .

(D) Attempted assault in the fourth degree under ORS 163.160 (Assault in the fourth degree) (1).

(E) Attempted assault in the fourth degree under ORS 163.160 (Assault in the fourth degree) (3).

(F) Strangulation under ORS 163.187 (Strangulation) .

(G) The statutory counterpart in another jurisdiction to a crime listed in this paragraph.

(b) Evidence may be admitted into evidence for the purpose of attacking the credibility of a defendant under the provisions of this subsection only if the defendant is charged with committing one or more of the following crimes against a family or household member, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) :

(A) Aggravated murder under ORS 163.095 (“Aggravated murder” defined) .

(B) Murder in the first degree under ORS 163.107 (Murder in the first degree) .

(C) Murder in the second degree under ORS 163.115 (Murder in the second degree) .

(D) Manslaughter in the first degree under ORS 163.118 (Manslaughter in the first degree) .

(E) Manslaughter in the second degree under ORS 163.125 (Manslaughter in the second degree) .

(F) Assault in the first degree under ORS 163.185 (Assault in the first degree) .

(G) Assault in the second degree under ORS 163.175 (Assault in the second degree) .

(H) Assault in the third degree under ORS 163.165 (Assault in the third degree) .

(I) Assault in the fourth degree under ORS 163.160 (Assault in the fourth degree) .

(J) Rape in the first degree under ORS 163.375 (Rape in the first degree) (1)(a).

(K) Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree) (1)(a).

(L) Unlawful sexual penetration in the first degree under ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(a).

(M) Sexual abuse in the first degree under ORS 163.427 (Sexual abuse in the first degree) (1)(a)(B).

(N) Kidnapping in the first degree under ORS 163.235 (Kidnapping in the first degree) .

(O) Kidnapping in the second degree under ORS 163.225 (Kidnapping in the second degree) .

(P) Burglary in the first degree under ORS 164.225 (Burglary in the first degree) .

(Q) Coercion under ORS 163.275 (Coercion) .

(R) Stalking under ORS 163.732 (Stalking) .

(S) Violating a court’s stalking protective order under ORS 163.750 (Violating a court’s stalking protective order) .

(T) Menacing under ORS 163.190 (Menacing) .

(U) Harassment under ORS 166.065 (Harassment) .

(V) Strangulation under ORS 163.187 (Strangulation) .

(W) Attempting to commit a crime listed in this paragraph.

(3) Evidence of a conviction under this section is not admissible if:

(a) A period of more than 15 years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date; or

(b) The conviction has been expunged by pardon, reversed, set aside or otherwise rendered nugatory.

(4) When the credibility of a witness is attacked by evidence that the witness has been convicted of a crime, the witness shall be allowed to explain briefly the circumstances of the crime or former conviction; once the witness explains the circumstances, the opposing side shall have the opportunity to rebut the explanation.

(5) The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.

(6) An adjudication by a juvenile court that a child is within its jurisdiction is not a conviction of a crime.

(7) A conviction of any of the statutory counterparts of offenses designated as violations as described in ORS 153.008 (Violations described) may not be used to impeach the character of a witness in any criminal or civil action or proceeding. [1981 c.892 §53; 1987 c.2 §9; subsection (6) of 1993 Edition enacted as 1993 c.379 §4; 1999 c.1051 §121; 2001 c.714 §1; 2003 c.577 §3; 2009 c.56 §1; 2019 c.635 §6]

Note: 40.355 (Rule 609. Impeachment by evidence of conviction of crime) (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.

Source: Section 40.355 — Rule 609. Impeachment by evidence of conviction of crime; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.235 — OR Code / Title 4 / Chapter 40 / Section 40.235
40.235 Rule 504-1. Physician-patient privilege
Status: in_force

(1) As used in this section, unless the context requires otherwise:

(a) “Confidential communication” means a communication not intended to be disclosed to third persons except:

(A) Persons present to further the interest of the patient in the consultation, examination or interview;

(B) Persons reasonably necessary for the transmission of the communication; or

(C) Persons who are participating in the diagnosis and treatment under the direction of the physician, including members of the patient’s family.

(b) “Patient” means a person who consults or is examined or interviewed by a physician.

(c) Intentionally left blank —Ed.

(A) “Physician” means a person authorized and licensed or certified to practice medicine, podiatry or dentistry in any state or nation, or reasonably believed by the patient so to be, while engaged in the diagnosis or treatment of a physical condition.

(B) “Physician” includes licensed or certified naturopathic and chiropractic physicians and dentists.

(2) A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications in a civil action, suit or proceeding, made for the purposes of diagnosis or treatment of the patient’s physical condition, among the patient, the patient’s physician or persons who are participating in the diagnosis or treatment under the direction of the physician, including members of the patient’s family.

(3) The privilege created by this section may be claimed by:

(a) The patient;

(b) A guardian or conservator of the patient;

(c) The personal representative of a deceased patient; or

(d) The person who was the physician, but only on behalf of the patient. Such person’s authority so to do is presumed in the absence of evidence to the contrary.

(4) The following is a nonexclusive list of limits on the privilege granted by this section:

(a) If the judge orders an examination of the physical condition of the patient, communications made in the course thereof are not privileged under this section with respect to the particular purpose for which the examination is ordered unless the judge orders otherwise.

(b) Except as provided in ORCP 44, there is no privilege under this section for communications made in the course of a physical examination performed under ORCP 44.

(c) There is no privilege under this section with regard to any confidential communication or record of such confidential communication that would otherwise be privileged under this section when the use of the communication or record is specifically allowed under ORS 426.070 (Initiation) , 426.074 (Investigation) , 426.075 (Notice and records of treatment prior to hearing) , 426.095 (Commitment hearing) , 426.120 (Examination report) or 426.307 (Court hearing) . This paragraph only applies to the use of the communication or record to the extent and for the purposes set forth in the described statute sections. [1981 c.892 §33a; 1987 c.903 §2; 2005 c.353 §1; 2013 c.129 §3]

Source: Section 40.235 — Rule 504-1. Physician-patient privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.115 — OR Code / Title 4 / Chapter 40 / Section 40.115
40.115 Rule 307. Allocation of the burden of producing evidence
Status: in_force

(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]

Source: Section 40.115 — Rule 307. Allocation of the burden of producing evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.460 — OR Code / Title 4 / Chapter 40 / Section 40.460
40.460 Rule 803. Hearsay exceptions
Status: reserved

The following are not excluded by ORS 40.455 (Rule 802. Hearsay rule) , even though the declarant is available as a witness:

(1) (Reserved.)

(2) A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

(3) A statement of the declarant’s then existing state of mind, emotion, sensation or physical condition, such as intent, plan, motive, design, mental feeling, pain or bodily health, but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of the declarant’s will.

(4) Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.

(5) A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the memory of the witness and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party.

(6) A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method of circumstances of preparation indicate lack of trustworthiness. The term “business” as used in this subsection includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

(7) Evidence that a matter is not included in the memoranda, reports, records, or data compilations, and in any form, kept in accordance with the provisions of subsection (6) of this section, to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.

(8) Records, reports, statements or data compilations, in any form, of public offices or agencies, including federally recognized American Indian tribal governments, setting forth:

(a) The activities of the office or agency;

(b) Matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, in criminal cases, matters observed by police officers and other law enforcement personnel;

(c) In civil actions and proceedings and against the government in criminal cases, factual findings, resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness; or

(d) In civil actions and criminal proceedings, a sheriff’s return of service.

(9) Records or data compilations, in any form, of births, fetal deaths, deaths or marriages, if the report thereof was made to a public office, including a federally recognized American Indian tribal government, pursuant to requirements of law.

(10) To prove the absence of a record, report, statement or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement or data compilation, in any form, was regularly made and preserved by a public office or agency, including a federally recognized American Indian tribal government, evidence in the form of a certification in accordance with ORS 40.510 (Rule 902. Self-authentication) , or testimony, that diligent search failed to disclose the record, report, statement or data compilation, or entry.

(11) Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.

(12) A statement of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a member of the clergy, a public official, an official of a federally recognized American Indian tribal government or any other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter.

(13) Statements of facts concerning personal or family history contained in family bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.

(14) The record of a document purporting to establish or affect an interest in property, as proof of content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office, including a federally recognized American Indian tribal government, and an applicable statute authorizes the recording of documents of that kind in that office.

(15) A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.

(16) Statements in a document in existence 20 years or more the authenticity of which is established.

(17) Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.

(18) (Reserved.)

(18a) Intentionally left blank —Ed.

(a) A complaint of sexual misconduct, complaint of abuse as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735) or 419B.005 (Definitions) , complaint of abuse of an elderly person, as those terms are defined in ORS 124.050 (Definitions for ORS 124.050 to 124.095) , or a complaint relating to a violation of ORS 163.205 (Criminal mistreatment in the first degree) or 164.015 (“Theft” described) in which a person 65 years of age or older is the victim, made by the witness after the commission of the alleged misconduct or abuse at issue. Except as provided in paragraph (b) of this subsection, such evidence must be confined to the fact that the complaint was made.

(b) A statement made by a person concerning an act of abuse as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735) or 419B.005 (Definitions) , a statement made by a person concerning an act of abuse of an elderly person, as those terms are defined in ORS 124.050 (Definitions for ORS 124.050 to 124.095) , or a statement made by a person concerning a violation of ORS 163.205 (Criminal mistreatment in the first degree) or 164.015 (“Theft” described) in which a person 65 years of age or older is the victim, is not excluded by ORS 40.455 (Rule 802. Hearsay rule) if the declarant either testifies at the proceeding and is subject to cross-examination, or is unavailable as a witness but was chronologically or mentally under 12 years of age when the statement was made or was 65 years of age or older when the statement was made. However, if a declarant is unavailable, the statement may be admitted in evidence only if the proponent establishes that the time, content and circumstances of the statement provide indicia of reliability, and in a criminal trial or juvenile delinquency proceeding that there is corroborative evidence of the act of abuse and of the alleged perpetrator’s opportunity to participate in the conduct and that the statement possesses indicia of reliability as is constitutionally required to be admitted. No statement may be admitted under this paragraph unless the proponent of the statement makes known to the adverse party the proponent’s intention to offer the statement and the particulars of the statement no later than 15 days before trial, except for good cause shown. For purposes of this paragraph, in addition to those situations described in ORS 40.465 (Rule 804. Hearsay exceptions when the declarant is unavailable) (1), the declarant shall be considered “unavailable” if the declarant has a substantial lack of memory of the subject matter of the statement, is presently incompetent to testify, is unable to communicate about the abuse or sexual conduct because of fear or other similar reason or is substantially likely, as established by expert testimony, to suffer lasting severe emotional trauma from testifying. Unless otherwise agreed by the parties, the court shall examine the declarant in chambers and on the record or outside the presence of the jury and on the record. The examination shall be conducted immediately prior to the commencement of the trial in the presence of the attorney and the legal guardian or other suitable person as designated by the court. If the declarant is found to be unavailable, the court shall then determine the admissibility of the evidence. The determinations shall be appealable under ORS 138.045 (Appeal by state) (1)(d). The purpose of the examination shall be to aid the court in making its findings regarding the availability of the declarant as a witness and the reliability of the statement of the declarant. In determining whether a statement possesses indicia of reliability under this paragraph, the court may consider, but is not limited to, the following factors:

(A) The personal knowledge of the declarant of the event;

(B) The age and maturity of the declarant or extent of disability if the declarant is a person with a developmental disability;

(C) Certainty that the statement was made, including the credibility of the person testifying about the statement and any motive the person may have to falsify or distort the statement;

(D) Any apparent motive the declarant may have to falsify or distort the event, including bias, corruption or coercion;

(E) The timing of the statement of the declarant;

(F) Whether more than one person heard the statement;

(G) Whether the declarant was suffering pain or distress when making the statement;

(H) Whether the declarant’s young age or disability makes it unlikely that the declarant fabricated a statement that represents a graphic, detailed account beyond the knowledge and experience of the declarant;

(I) Whether the statement has internal consistency or coherence and uses terminology appropriate to the declarant’s age or to the extent of the declarant’s disability if the declarant is a person with a developmental disability;

(J) Whether the statement is spontaneous or directly responsive to questions; and

(K) Whether the statement was elicited by leading questions.

(c) This subsection applies to all civil, criminal and juvenile proceedings.

(d) This subsection applies to a child declarant, a declarant who is an elderly person as defined in ORS 124.050 (Definitions for ORS 124.050 to 124.095) or an adult declarant with a developmental disability. For the purposes of this subsection, “developmental disability” means any disability attributable to mental retardation, autism, cerebral palsy, epilepsy or other disabling neurological condition that requires training or support similar to that required by persons with mental retardation, if either of the following apply:

(A) The disability originates before the person attains 22 years of age, or if the disability is attributable to mental retardation the condition is manifested before the person attains 18 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.

(B) The disability results in a significant subaverage general intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period.

(19) Reputation among members of a person’s family by blood, adoption or marriage, or among a person’s associates, or in the community, concerning a person’s birth, adoption, marriage, divorce, death, legitimacy, relationship by blood or adoption or marriage, ancestry, or other similar fact of a person’s personal or family history.

(20) Reputation in a community, arising before the controversy, as to boundaries of or customs affecting lands in the community, and reputation as to events of general history important to the community or state or nation in which located.

(21) Reputation of a person’s character among associates of the person or in the community.

(22) Evidence of a final judgment, entered after a trial or upon a plea of guilty, but not upon a plea of no contest, adjudging a person guilty of a crime other than a traffic offense, to prove any fact essential to sustain the judgment, but not including, when offered by the government in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility.

(23) Judgments as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the same would be provable by evidence of reputation.

(24) Notwithstanding the limits contained in subsection (18a) of this section, in any proceeding in which a child under 12 years of age at the time of trial, or a person with a developmental disability as described in subsection (18a)(d) of this section, may be called as a witness to testify concerning an act of abuse, as defined in ORS 419B.005 (Definitions) , or sexual conduct performed with or on the child or person with a developmental disability by another, the testimony of the child or person with a developmental disability taken by contemporaneous examination and cross-examination in another place under the supervision of the trial judge and communicated to the courtroom by closed-circuit television or other audiovisual means. Testimony will be allowed as provided in this subsection only if the court finds that there is a substantial likelihood, established by expert testimony, that the child or person with a developmental disability will suffer severe emotional or psychological harm if required to testify in open court. If the court makes such a finding, the court, on motion of a party, the child, the person with a developmental disability or the court in a civil proceeding, or on motion of the district attorney, the child or the person with a developmental disability in a criminal or juvenile proceeding, may order that the testimony of the child or the person with a developmental disability be taken as described in this subsection. Only the judge, the attorneys for the parties, the parties, individuals necessary to operate the equipment and any individual the court finds would contribute to the welfare and well-being of the child or person with a developmental disability may be present during the testimony of the child or person with a developmental disability.

(25) Intentionally left blank —Ed.

(a) Any document containing data prepared or recorded by the Oregon State Police pursuant to ORS 813.160 (Methods of conducting chemical analyses) (1)(b)(C) or (E), or pursuant to ORS 475.235 (Burden of proof) (4), if the document is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police, and the person retrieving the data attests that the information was retrieved directly from the system and that the document accurately reflects the data retrieved.

(b) Any document containing data prepared or recorded by the Oregon State Police that is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police and that is electronically transmitted through public or private computer networks under an electronic signature adopted by the Oregon State Police if the person receiving the data attests that the document accurately reflects the data received.

(c) Notwithstanding any statute or rule to the contrary, in any criminal case in which documents are introduced under the provisions of this subsection, the defendant may subpoena the analyst, as defined in ORS 475.235 (Burden of proof) (6), or other person that generated or keeps the original document for the purpose of testifying at the preliminary hearing and trial of the issue. Except as provided in ORS 44.550 (Definitions for ORS 44.550 to 44.566) to 44.566 (Provisions not applicable if public body a party) , no charge shall be made to the defendant for the appearance of the analyst or other person.

(26) Intentionally left blank —Ed.

(a) A statement that purports to narrate, describe, report or explain an incident of domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , made by a victim of the domestic violence within 24 hours after the incident occurred, if the statement:

(A) Was recorded, either electronically or in writing, or was made to a peace officer as defined in ORS 161.015 (General definitions) , corrections officer, youth correction officer, parole and probation officer, emergency medical services provider or firefighter; and

(B) Has sufficient indicia of reliability.

(b) In determining whether a statement has sufficient indicia of reliability under paragraph (a) of this subsection, the court shall consider all circumstances surrounding the statement. The court may consider, but is not limited to, the following factors in determining whether a statement has sufficient indicia of reliability:

(A) The personal knowledge of the declarant.

(B) Whether the statement is corroborated by evidence other than statements that are subject to admission only pursuant to this subsection.

(C) The timing of the statement.

(D) Whether the statement was elicited by leading questions.

(E) Subsequent statements made by the declarant. Recantation by a declarant is not sufficient reason for denying admission of a statement under this subsection in the absence of other factors indicating unreliability.

(27) A report prepared by a forensic scientist that contains the results of a presumptive test conducted by the forensic scientist as described in ORS 475.235 (Burden of proof) , if the forensic scientist attests that the report accurately reflects the results of the presumptive test.

(28) Intentionally left blank —Ed.

(a) A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that:

(A) The statement is relevant;

(B) The statement is more probative on the point for which it is offered than any other evidence that the proponent can procure through reasonable efforts; and

(C) The general purposes of the Oregon Evidence Code and the interests of justice will best be served by admission of the statement into evidence.

(b) A statement may not be admitted under this subsection unless the proponent of it makes known to the adverse party the intention to offer the statement and the particulars of it, including the name and address of the declarant, sufficiently in advance of the trial or hearing, or as soon as practicable after it becomes apparent that such statement is probative of the issues at hand, to provide the adverse party with a fair opportunity to prepare to meet it. [1981 c.892 §64; 1989 c.300 §1; 1989 c.881 §1; 1991 c.391 §1; 1995 c.200 §1; 1995 c.476 §1; 1995 c.804 §2; 1999 c.59 §13; 1999 c.674 §1; 1999 c.945 §1; 2001 c.104 §11; 2001 c.533 §1; 2001 c.870 §5; 2003 c.538 §2; 2005 c.118 §3; 2007 c.63 §2; 2007 c.70 §12; 2007 c.636 §3; 2009 c.610 §9; 2011 c.661 §14; 2011 c.703 §21; 2017 c.529 §21; 2023 c.105 §1]

Source: Section 40.460 — Rule 803. Hearsay exceptions; availability of declarant immaterial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.170 — OR Code / Title 4 / Chapter 40 / Section 40.170
40.170 Rule 404. Character evidence
Status: in_force

(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 (Rule 607. Who may impeach) to 40.355 (Rule 609. Impeachment by evidence of conviction of crime) ; 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 (Rule 406. Habit) , 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) and, to the extent required by the United States Constitution or the Oregon Constitution, ORS 40.160 (Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay) ;

(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]

Source: Section 40.170 — Rule 404. Character evidence; evidence of other crimes, wrongs or acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 42.240 — OR Code / Title 4 / Chapter 42 / Section 42.240
42.240 Intention of the parties
Status: in_force

In the construction of an instrument the intention of the parties is to be pursued if possible; and when a general and particular provision are inconsistent, the latter is paramount to the former. So a particular intent shall control a general one that is inconsistent with it.

Source: Section 42.240 — Intention of the parties; general and particular provisions and intents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 45.297 — OR Code / Title 4 / Chapter 45 / Section 45.297
45.297 Authority to enter into service contracts
Status: in_force

The State Court Administrator may enter into service contracts and may establish uniform policies and procedures, subject to the approval of the Chief Justice of the Supreme Court, governing the appointment, provision and payment of interpreters in proceedings before the circuit courts of the state, including the provision of interpreter services utilizing telecommunications methods. [1993 c.687 §5]

Source: Section 45.297 — Authority to enter into service contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.465 — OR Code / Title 4 / Chapter 40 / Section 40.465
40.465 Rule 804. Hearsay exceptions when the declarant is unavailable
Status: in_force

(1) “Unavailability as a witness” includes situations in which the declarant:

(a) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of a statement;

(b) Persists in refusing to testify concerning the subject matter of a statement despite an order of the court to do so;

(c) Testifies to a lack of memory of the subject matter of a statement;

(d) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity;

(e) Is absent from the hearing and the proponent of the declarant’s statement has been unable to procure the declarant’s attendance (or in the case of an exception under subsection (3)(b), (c) or (d) of this section, the declarant’s attendance or testimony) by process or other reasonable means; or

(f) Is absent from the hearing and the proponent of the declarant’s statement has established the criteria of subsection (3)(f) or (g) of this section by a preponderance of the evidence.

(2) A declarant is not unavailable as a witness if the declarant’s exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of the declarant’s statement for the purpose of preventing the witness from attending or testifying.

(3) The following are not excluded by ORS 40.455 (Rule 802. Hearsay rule) if the declarant is unavailable as a witness:

(a) Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

(b) A statement made by a declarant while believing that death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death.

(c) A statement which was at the time of its making so far contrary to the declarant’s pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant’s position would not have made the statement unless the person believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

(d) Intentionally left blank —Ed.

(A) A statement concerning the declarant’s own birth, adoption, marriage, divorce, legitimacy, relationship by blood or adoption or marriage, ancestry, or other similar fact of personal or family history, even though the declarant had no means of acquiring personal knowledge of the matter stated; or

(B) A statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other’s family as to be likely to have accurate information concerning the matter declared.

(e) A statement made at or near the time of the transaction by a person in a position to know the facts stated therein, acting in the person’s professional capacity and in the ordinary course of professional conduct.

(f) A statement offered against a party who intentionally or knowingly engaged in criminal conduct that directly caused the death of the declarant, or directly caused the declarant to become unavailable as a witness because of incapacity or incompetence.

(g) A statement offered against a party who engaged in, directed or otherwise participated in wrongful conduct that was intended to cause the declarant to be unavailable as a witness, and did cause the declarant to be unavailable.

(h) A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of the Oregon Evidence Code and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this paragraph unless the proponent of it makes known to the adverse party the intention to offer the statement and the particulars of it, including the name and address of the declarant, sufficiently in advance of the trial or hearing, or as soon as practicable after it becomes apparent that the statement is probative of the issues at hand, to provide the adverse party with a fair opportunity to prepare to meet it. [1981 c.892 §65; 2005 c.458 §1; 2021 c.324 §1; 2023 c.141 §1]

Source: Section 40.465 — Rule 804. Hearsay exceptions when the declarant is unavailable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 42.115 — OR Code / Title 4 / Chapter 42 / Section 42.115
42.115 Effect of presence or absence of seal
Status: in_force

The presence or absence of a seal, corporate or otherwise, shall have no effect upon the validity, enforceability or character of any written instrument except where specifically otherwise provided by statute. A writing under seal may be modified or discharged by writing not under seal or by a valid oral agreement. [1965 c.502 §2]

Source: Section 42.115 — Effect of presence or absence of seal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 40.385 — OR Code / Title 4 / Chapter 40 / Section 40.385
40.385 Rule 615. Exclusion of witnesses
Status: in_force

At the request of a party the court may order witnesses excluded until the time of final argument, and it may make the order of its own motion. This rule does not authorize exclusion of:

(1) A party who is a natural person;

(2) An officer or employee of a party which is not a natural person designated as its representative by its attorney;

(3) A person whose presence is shown by a party to be essential to the presentation of the party’s cause; or

(4) The victim in a criminal case. [1981 c.892 §56; 1987 c.2 §5; 2003 c.14 §20]

Source: Section 40.385 — Rule 615. Exclusion of witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 42.280 — OR Code / Title 4 / Chapter 42 / Section 42.280
42.280 Deciphering characters and translating languages
Status: in_force

When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, evidence of persons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning of the language.

Source: Section 42.280 — Deciphering characters and translating languages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 45.138 — OR Code / Title 4 / Chapter 45 / Section 45.138
45.138 Duties of person recording or reporting deposition
Status: in_force

(1) A person recording or reporting a deposition is personally responsible for the accurate and complete recording or reporting of the deposition. No person who employs or otherwise engages a person to record or report a deposition may modify or attempt to modify the record or report of the deposition, except to the extent allowed for the correction of errors in the record or report.

(2) Any person employed or otherwise engaged to record or report a deposition must provide equal services, and charge equal fee rates, to all parties and attorneys in the proceeding. A person employed or otherwise engaged to record or report a deposition must distribute copies of the record or report at the same time to all parties and attorneys who are entitled to receive a copy. In addition, a person employed or otherwise engaged to record or report a deposition must:

(a) Disclose the fee rates of the person for services, transcripts and copies to the attorneys identified in the proceeding and to any party who is not represented by an attorney and who is identified in the proceeding; or

(b) Provide a complete, individual accounting of all appearance fees, transcript fees and any other fees charged for services rendered in the proceeding. [1999 c.942 §2]

Source: Section 45.138 — Duties of person recording or reporting deposition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 41.500 — OR Code / Title 4 / Chapter 41 / Section 41.500
41.500 “Secondary evidence” defined for ORS 41.500 to 41.580
Status: in_force

As used in ORS 41.500 (“Secondary evidence” defined for ORS 41.500 to 41.580) to 41.580 (Statute of frauds) , “secondary evidence” means a copy, or oral evidence, of an original writing or object. [1981 c.892 §81]

Source: Section 41.500 — “Secondary evidence” defined for ORS 41.500 to 41.580 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 44.547 — OR Code / Title 4 / Chapter 44 / Section 44.547
44.547 Notice to court
Status: in_force

(1) In any case in which a child under 12 years of age or a person with a developmental disability described in subsection (2) of this section is called to give testimony, the attorney or party who plans to call the witness must notify the court at least seven days before the trial or proceeding of any special accommodations needed by the witness. Upon receiving the notice, the court shall order such accommodations as are appropriate under the circumstances considering the age or disability of the witness. Accommodations ordered by the court may include:

(a) Break periods during the proceedings for the benefit of the witness.

(b) Designation of a waiting area appropriate to the special needs of the witness.

(c) Conducting proceedings in clothing other than judicial robes.

(d) Relaxing the formalities of the proceedings.

(e) Adjusting the layout of the courtroom for the comfort of the witness.

(f) Conducting the proceedings outside of the normal courtroom.

(2) For the purposes of this section, “developmental disability” means a disability attributable to mental retardation, autism, cerebral palsy, epilepsy or other disabling neurological condition that requires training or support similar to that required by persons with mental retardation, if either of the following apply:

(a) The disability originates before the person attains 22 years of age, or if the disability is attributable to mental retardation the condition is manifested before the person attains 18 years of age, the disability can be expected to continue indefinitely, and the disability constitutes a substantial handicap to the ability of the person to function in society.

(b) The disability results in a significant subaverage general intellectual functioning with concurrent deficits in adaptive behavior that are manifested during the developmental period. [1995 c.804 §1]

Note: 44.547 (Notice to court) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 44 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 44.547 — Notice to court; accommodations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 42.210 — OR Code / Title 4 / Chapter 42 / Section 42.210
42.210 Effect of the place of execution
Status: in_force

The language of a writing is to be interpreted according to the meaning it bears in the place of execution, unless the parties have reference to a different place.

Source: Section 42.210 — Effect of the place of execution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 40.295 — OR Code / Title 4 / Chapter 40 / Section 40.295
40.295 Rule 514. Effect on existing privileges
Status: repealed

Unless expressly repealed by section 98, chapter 892, Oregon Laws 1981, all existing privileges either created under the Constitution or statutes of the State of Oregon or developed by the courts of Oregon are recognized and shall continue to exist until changed or repealed according to law. [1981 c.892 §42]

Source: Section 40.295 — Rule 514. Effect on existing privileges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.455 — OR Code / Title 4 / Chapter 40 / Section 40.455
40.455 Rule 802. Hearsay rule
Status: in_force

Hearsay is not admissible except as provided in ORS 40.450 (Rule 801. Definitions for ORS 40.450 to 40.475) to 40.475 (Rule 806. Attacking and supporting credibility of declarant) or as otherwise provided by law. [1981 c.892 §63]

Source: Section 40.455 — Rule 802. Hearsay rule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.566 — OR Code / Title 4 / Chapter 44 / Section 44.566
44.566 Provisions not applicable if public body a party
Status: in_force

ORS 44.550 (Definitions for ORS 44.550 to 44.566) to 44.566 (Provisions not applicable if public body a party) shall not apply to any proceeding in which a public body is a party. For the purposes of this section, “public body” has the meaning given in ORS 30.260 (Definitions for ORS 30.260 to 30.300) . [1991 c.550 §9]

Note: See note under 44.550 (Definitions for ORS 44.550 to 44.566) .

Source: Section 44.566 — Provisions not applicable if public body a party , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 44.560 — OR Code / Title 4 / Chapter 44 / Section 44.560
44.560 Application to subpoenas for depositions
Status: in_force

ORS 44.552 (Method of subpoenaing law enforcement personnel) , 44.554 (Payment of law enforcement personnel subpoenaed as expert witness) and 44.558 (Payment for additional attendance beyond first day required in advance) apply to subpoenas issued for the taking of depositions of police officers and employees of the Department of State Police. [1991 c.550 §6; 2011 c.547 §26]

Note: See note under 44.550 (Definitions for ORS 44.550 to 44.566) .

Source: Section 44.560 — Application to subpoenas for depositions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 41.685 — OR Code / Title 4 / Chapter 41 / Section 41.685
41.685 Inadmissibility of certain data relating to emergency medical services system
Status: in_force

(1) All data shall be privileged and are not public records as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478) and shall not be admissible in evidence in any judicial proceeding except as provided under ORS 676.175 (Complaints and investigations confidential) . However, nothing in this section affects the admissibility in evidence of a party’s medical records dealing with a party’s medical care.

(2) On request, an emergency medical service provider shall submit data not subject to ORS 676.175 (Complaints and investigations confidential) to any committee or governing body of the county, counties or state as provided for by state or county administrative rule.

(3) A person serving on or communicating information to any governing body or committee shall not be examined as to any communication to that body or committee or the findings thereof.

(4) A person serving on or communicating information to any governing body or committee shall not be subject to an action for civil damages for affirmative actions taken or statements made in good faith.

(5) As used in this section:

(a) “Committee or governing body” means any committee or governing body that has authority to undertake an evaluation of an emergency medical services system as part of a quality assurance program and includes any committee of an emergency medical service provider undertaking a quality assurance program.

(b) “Data” means all oral communications or written reports, notes or records provided to, or prepared by or for, a committee or governing body that are part of an evaluation of an emergency medical services system and includes any information submitted by any health care provider relating to training, supervision, performance evaluation or professional competency.

(c) “Emergency medical service provider” means any public, private or volunteer entity providing prehospital functions and services that are required to prepare for and respond to medical emergencies including rescue, ambulance, treatment, communication and evaluation.

(d) “Emergency medical services system” means those prehospital functions and services that are required to prepare for and respond to medical emergencies, including rescue, ambulance, treatment, communication and evaluation. [1989 c.1079 §1; 1997 c.791 §7; 1997 c.792 §30]

Source: Section 41.685 — Inadmissibility of certain data relating to emergency medical services system , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.320 — OR Code / Title 4 / Chapter 40 / Section 40.320
40.320 Rule 603. Oath or affirmation
Status: in_force

(1) Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the conscience of the witness and impress the mind of the witness with the duty to do so.

(2) An oath may be administered as follows: The person who swears holds up one hand while the person administering the oath asks: “Under penalty of perjury, do you solemnly swear that the evidence you shall give in the issue (or matter) now pending between _____ and _____ shall be the truth, the whole truth and nothing but the truth, so help you God?” If the oath is administered to any other than a witness, the same form and manner may be used. The person swearing must answer in an affirmative manner.

(3) An affirmation may be administered as follows: The person who affirms holds up one hand while the person administering the affirmation asks: “Under penalty of perjury, do you promise that the evidence you shall give in the issue (or matter) now pending between _____ and _____ shall be the truth, the whole truth and nothing but the truth?” If the affirmation is administered to any other than a witness, the same form and manner may be used. The person affirming must answer in an affirmative manner. [1981 c.892 §45]

Source: Section 40.320 — Rule 603. Oath or affirmation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 45.288 — OR Code / Title 4 / Chapter 45 / Section 45.288
45.288 Appointment of certified interpreter required
Status: in_force

(1) For the purposes of this section:

(a) “Hearing officer” includes an administrative law judge.

(b) “Non-English-speaking person” has the meaning given that term in ORS 45.275 (Appointment of interpreter for non-English-speaking party, witness or victim) .

(c) “Person with a disability” has the meaning given that term in ORS 45.285 (Appointment of interpreter for party, witness or victim with disability) .

(d) “Qualified interpreter” means a person who meets the requirements of ORS 45.285 (Appointment of interpreter for party, witness or victim with disability) for an interpreter for a person with a disability, or a person who meets the requirements of ORS 45.275 (Appointment of interpreter for non-English-speaking party, witness or victim) for an interpreter for a non-English-speaking person.

(2) Except as provided by this section, whenever a court is required to appoint an interpreter for any person in a proceeding before the court, or whenever a hearing officer is required to appoint an interpreter in an adjudicatory proceeding, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter who has been certified under ORS 45.291 (Certification program) . If no certified interpreter is available, able or willing to serve, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter. Upon request of a party, victim or witness, the court, hearing officer or designee of the hearing officer, in the discretion of the court, hearing officer or the designee of the hearing officer, may appoint a qualified interpreter to act as an interpreter in lieu of a certified interpreter in any case or adjudicatory proceeding.

(3) The requirements of this section apply to appointments of interpreters for persons with disabilities and for non-English-speaking persons.

(4) The court, hearing officer or the designee of the hearing officer may not appoint any person under ORS 45.272 (Definitions for ORS 45.272 to 45.297) to 45.297 (Authority to enter into service contracts) , 132.090 (Presence of persons at sittings or deliberations of jury) or 419C.285 (Parties to delinquency proceeding) if:

(a) The person has a conflict of interest with any of the parties, victims or witnesses in the proceeding;

(b) The person is unable to understand the judge, hearing officer, party, victim or witness, or cannot be understood by the judge, hearing officer, party, victim or witness; or

(c) The person is unable to work cooperatively with the judge of the court, the hearing officer, the person in need of an interpreter or the counsel for that person.

(5) The Supreme Court shall adopt a code of professional responsibility for interpreters. The code is binding on all interpreters who provide interpreter services in the courts or in adjudicatory proceedings before agencies. [1993 c.687 §2; 1999 c.1041 §6; 2001 c.242 §2; 2001 c.243 §2; 2003 c.75 §81; 2007 c.70 §14; 2015 c.155 §4]

Source: Section 45.288 — Appointment of certified interpreter required; exceptions; disqualifications; code of professional responsibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 41.660 — OR Code / Title 4 / Chapter 41 / Section 41.660
41.660 Admissibility of objects cognizable by the senses
Status: in_force

Whenever an object, cognizable by the senses, has such a relation to the fact in dispute as to afford reasonable grounds of belief respecting it, or to make an item in the sum of the evidence, the object may be exhibited to the jury, or its existence, situation and character may be proved by witnesses. The exhibition of the object to the jury shall be regulated by the sound discretion of the court.

Source: Section 41.660 — Admissibility of objects cognizable by the senses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 42.010 — OR Code / Title 4 / Chapter 42 / Section 42.010
42.010 Private writings
Status: in_force

All writings, other than public writings, are private and may be sealed or unsealed.

Source: Section 42.010 — Private writings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 45.270 — OR Code / Title 4 / Chapter 45 / Section 45.270
45.270 Use of deposition in same or other proceedings
Status: in_force

Substitution of parties shall not affect the right to use the depositions previously taken; and when an action, suit or proceeding has been dismissed and another action, suit or proceeding involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, any deposition lawfully taken and duly filed in the former action, suit or proceeding may be used in the latter as if originally taken therefor, and is then to be deemed the evidence of the party reading it. [1955 c.611 §11]

Source: Section 45.270 — Use of deposition in same or other proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 41.910 — OR Code / Title 4 / Chapter 41 / Section 41.910
41.910 Certain intercepted communications inadmissible
Status: in_force

Evidence of the contents of any wire or oral communication intercepted:

(1) In violation of ORS 165.540 (Obtaining contents of communications) shall not be admissible in any court of this state, except as evidence of unlawful interception or when the evidence was created by the use of a video camera worn upon a law enforcement officer’s person and the officer either substantially complied with or attempted in good faith to comply with ORS 165.540 (Obtaining contents of communications) (5)(d)(B).

(2) Under ORS 165.540 (Obtaining contents of communications) (2)(a) shall not be admissible in any court of this state unless:

(a) The communication was intercepted by a public official in charge of and at a jail, police premises, sheriff’s office, Department of Corrections institution or other penal or correctional institution; and

(b) The participant in the communication, against whom the evidence is being offered, had actual notice that the communication was being monitored or recorded. [1955 c.675 §6; 1959 c.681 §5; 1979 c.716 §12; 1983 c.824 §4; 1993 c.178 §1; 2001 c.385 §5; 2015 c.550 §3]

Source: Section 41.910 — Certain intercepted communications inadmissible , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 44.510 — OR Code / Title 4 / Chapter 44 / Section 44.510
44.510 Definitions for ORS 44.510 to 44.540
Status: in_force

As used in ORS 44.510 (Definitions for ORS 44.510 to 44.540) to 44.540 (Effect of informant as witness) , unless the context requires otherwise:

(1) “Information” has its ordinary meaning and includes, but is not limited to, any written, oral, pictorial or electronically recorded news or other data.

(2) “Medium of communication” has its ordinary meaning and includes, but is not limited to, any newspaper, magazine or other periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, or cable television system. Any information which is a portion of a governmental utterance made by an official or employee of government within the scope of the official’s or employee’s governmental function, or any political publication subject to ORS 260.532 (False publication relating to candidate or measure) , is not included within the meaning of “medium of communication.”

(3) “Processing” has its ordinary meaning and includes, but is not limited to, the compiling, storing and editing of information.

(4) “Published information” means any information disseminated to the public.

(5) “Unpublished information” means any information not disseminated to the public, whether or not related information has been disseminated. “Unpublished information” includes, but is not limited to, all notes, outtakes, photographs, tapes or other data of whatever sort not themselves disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated. [1973 c.22 §2; 1979 c.190 §398; 2001 c.965 §18; 2005 c.797 §50]

Source: Section 44.510 — Definitions for ORS 44.510 to 44.540 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 45.291 — OR Code / Title 4 / Chapter 45 / Section 45.291
45.291 Certification program
Status: in_force

(1) Subject to the availability of funding, the State Court Administrator shall establish a program for the certification of court interpreters. The program shall be established by rules adopted pursuant to ORS 1.002 (Supreme Court) and shall include, but not be limited to, provisions for:

(a) Prescribing the form and content of applications for certification;

(b) Prescribing and collecting reasonable fees for the application, examination, certification and renewal of certification for court interpreters;

(c) Establishing categories of certificates based on the nature of the interpreter services to be provided, including categories for interpreters for persons with disabilities, as defined in ORS 45.285 (Appointment of interpreter for party, witness or victim with disability) , and for interpreters for non-English-speaking persons, as defined in ORS 45.275 (Appointment of interpreter for non-English-speaking party, witness or victim) ;

(d) Establishing minimum competency requirements for court interpreters in the various categories of certification;

(e) Establishing teaching programs designed to educate court interpreters in ethical, substantive and procedural legal issues;

(f) Prescribing the form of and administering examinations for the purpose of testing court interpreters for competency and ethics;

(g) Establishing grounds for renewal, suspension or cancellation of certificates;

(h) Establishing a process for receiving comments and input into the policy and procedures of the certification program;

(i) Establishing a process for receiving comments and input on compliance with ORS 45.272 (Definitions for ORS 45.272 to 45.297) to 45.297 (Authority to enter into service contracts) ;

(j) Establishing a process for receiving comments and input on compliance with the code of professional responsibility adopted under ORS 45.288 (Appointment of certified interpreter required) ; and

(k) Establishing a process by which an adversely affected interpreter may seek review of any decision made by the State Court Administrator on renewal, suspension or cancellation of a certificate.

(2) An interpreter may be certified in Oregon by the State Court Administrator upon satisfactory proof that the interpreter is certified in good standing by the federal courts or by a state having a certification program that is equivalent to the program established under this section. [1993 c.687 §3; 2001 c.242 §3; 2007 c.70 §15]

Source: Section 45.291 — Certification program; establishment by State Court Administrator; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.155 — OR Code / Title 4 / Chapter 40 / Section 40.155
40.155 Rule 402. Relevant evidence generally admissible
Status: in_force

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]

Source: Section 40.155 — Rule 402. Relevant evidence generally admissible , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.225 — OR Code / Title 4 / Chapter 40 / Section 40.225
40.225 Rule 503. Law practitioner-client privilege
Status: in_force

(1) As used in this section, unless the context requires otherwise:

(a) “Client” means:

(A) A person, public officer, corporation, association or other organization or entity, either public or private, who is rendered professional legal services by a law practitioner, or who consults a law practitioner with a view to obtaining professional legal services from the law practitioner.

(B) A person, public officer, corporation, association or other organization or entity, either public or private, who consults a legal referral service with a view to obtaining professional legal services from a law practitioner.

(b) “Confidential communication” means a communication not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.

(c) “Law practitioner” means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.

(d) “Legal referral service” means an entity that, as a regular part of its business, refers potential clients to law practitioners, including but not limited to a public nonprofit entity sponsored or operated by the Oregon State Bar.

(e) “Representative of the client” means:

(A) A principal, an officer or a director of the client; or

(B) A person who has authority to obtain professional legal services, or to act on legal advice rendered, on behalf of the client, or a person who, for the purpose of effectuating legal representation for the client, makes or receives a confidential communication while acting in the person’s scope of employment for the client.

(f) “Representative of the law practitioner” means one employed to assist the law practitioner in the rendition of professional legal services, but does not include a physician making a physical or mental examination under ORCP 44.

(2) A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client:

(a) Between the client or the client’s representative and the client’s law practitioner or a representative of the law practitioner;

(b) Between the client’s law practitioner and the law practitioner’s representative or the client’s legal referral service;

(c) By the client or the client’s law practitioner to a law practitioner representing another in a matter of common interest;

(d) Between representatives of the client or between the client and a representative of the client;

(e) Between law practitioners representing the client; or

(f) Between the client or a representative of the client and a legal referral service.

(3) The privilege created by this section may be claimed by the client, a guardian or conservator of the client, the personal representative of a deceased client, or the successor, trustee, or similar representative of a corporation, association, or other organization, whether or not in existence. The person who was the law practitioner or legal referral service or the law practitioner’s representative at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the client.

(4) There is no privilege under this section:

(a) If the services of the law practitioner or legal referral service were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;

(b) As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction;

(c) As to a communication relevant to an issue of breach of duty by the law practitioner or legal referral service to the client or by the client to the law practitioner or legal referral service;

(d) As to a communication relevant to an issue concerning an attested document to which the law practitioner or legal referral service is an attesting witness; or

(e) As to a communication relevant to a matter of common interest between two or more clients if the communication was made by any of them to a law practitioner retained or consulted in common, when offered in an action between any of the clients.

(5) Notwithstanding ORS 40.280 (Rule 511. Waiver of privilege by voluntary disclosure) , a privilege is maintained under this section for a communication made to the Oregon Public Defense Commission for the purpose of seeking preauthorization for or payment of fees or expenses under ORS 135.055 (Compensation and expenses of appointed counsel) .

(6) Notwithstanding subsection (4)(c) of this section and ORS 40.280 (Rule 511. Waiver of privilege by voluntary disclosure) , a privilege is maintained under this section for a communication that is made to the Oregon Public Defense Commission for the purpose of making, or providing information regarding, a complaint against a law practitioner providing public defense services.

(7) Notwithstanding ORS 40.280 (Rule 511. Waiver of privilege by voluntary disclosure) , a privilege is maintained under this section for a communication ordered to be disclosed under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . [1981 c.892 §32; 1987 c.680 §1; 2005 c.356 §1; 2005 c.358 §1; 2007 c.513 §3; 2009 c.516 §1; 2018 c.2 §1; 2023 c.72 §33; 2023 c.281 §18]

Source: Section 40.225 — Rule 503. Law practitioner-client privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 45.135 — OR Code / Title 4 / Chapter 45 / Section 45.135
45.135 Who may not report deposition in civil action
Status: in_force

(1) A deposition in a civil action may not be stenographically reported by:

(a) A party in the action;

(b) A person with a financial interest in the outcome of the action;

(c) An attorney for a party in the action;

(d) An attorney for a person with a financial interest in the outcome of the action;

(e) An employee of a party in the action;

(f) An employee of an attorney for a party in the action;

(g) An employee of a person with a financial interest in the outcome of the action;

(h) An employee of an attorney for a person with a financial interest in the outcome of the action; or

(i) A person related, by affinity or consanguinity within the third degree, to a party in the action or to a person with a financial interest in the outcome of the action.

(2) Any deposition recorded or reported by a person in violation of this section may not be introduced in evidence or used for any other purpose in a civil action.

(3) As used in this section, “attorney” includes an associate member of the Oregon State Bar practicing law in the member’s approved scope of practice. [1999 c.942 §1; 2023 c.72 §35]

Source: Section 45.135 — Who may not report deposition in civil action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.290 — OR Code / Title 4 / Chapter 40 / Section 40.290
40.290 Rule 513. Comment upon or inference from claim of privilege
Status: in_force

(1) The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn from a claim of privilege.

(2) In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the jury.

(3) Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom. [1981 c.892 §41]

Source: Section 40.290 — Rule 513. Comment upon or inference from claim of privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.085 — OR Code / Title 4 / Chapter 40 / Section 40.085
40.085 Rule 201(g). Instructing the jury
Status: in_force

(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]

Source: Section 40.085 — Rule 201(g). Instructing the jury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.020 — OR Code / Title 4 / Chapter 40 / Section 40.020
40.020 Rule 102. Purpose and construction
Status: in_force

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]

Source: Section 40.020 — Rule 102. Purpose and construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.025 — OR Code / Title 4 / Chapter 40 / Section 40.025
40.025 Rule 103. Rulings on evidence
Status: in_force

(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]

Source: Section 40.025 — Rule 103. Rulings on evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.335 — OR Code / Title 4 / Chapter 40 / Section 40.335
40.335 Rule 606. Competency of juror as witness
Status: in_force

A member of the jury may not testify as a witness before that jury in the trial of the case in which the member has been sworn to sit as a juror. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury. [1981 c.892 §49]

Source: Section 40.335 — Rule 606. Competency of juror as witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 45.010 — OR Code / Title 4 / Chapter 45 / Section 45.010
45.010 Modes of testimony
Status: in_force

The testimony of a witness is taken by six modes:

(1) Affidavit.

(2) Deposition.

(3) Oral examination.

(4) Remote location examination under ORS 45.400 (Remote location testimony) .

(5) Examination before a grand jury by means of simultaneous television transmission under ORS 132.320 (Consideration of evidence) .

(6) Declaration under penalty of perjury, as described in ORCP 1 E, or unsworn declaration under ORS 194.800 (Short title) to 194.835 (Relation to Electronic Signatures in Global and National Commerce Act) , if the declarant is physically outside the boundaries of the United States. [Amended by 1993 c.425 §2; 1995 c.126 §3; 2003 c.194 §2; 2013 c.218 §11; 2017 c.240 §2]

Source: Section 45.010 — Modes of testimony , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 43.220 — OR Code / Title 4 / Chapter 43 / Section 43.220
43.220 Impeachment of judicial record
Status: in_force

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.

Source: Section 43.220 — Impeachment of judicial record , https://www.­oregonlegislature.­gov/bills_laws/ors/ors043.­html (accessed May 26, 2025).
ORS § 40.273 — OR Code / Title 4 / Chapter 40 / Section 40.273
40.273 Rule 509-2. Non-English-speaking person-interpreter privilege
Status: in_force

(1) As used in this section:

(a) “Interpreter” means a person who translates conversations or other communications for a non-English-speaking person or translates the statements of a non-English-speaking person.

(b) “Non-English-speaking person” means a person who, by reason of place of birth or culture, speaks a language other than English and does not speak English with adequate ability to communicate in the proceedings.

(2) A non-English-speaking person has a privilege to refuse to disclose and to prevent an interpreter from disclosing any communications to which the non-English-speaking person was a party that were made while the interpreter was providing interpretation services for the non-English-speaking person. The privilege created by this section extends only to those communications between a non-English-speaking person and another, and translated by the interpreter, that would otherwise be privileged under ORS 40.225 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) . [1993 c.179 §3]

Note: 40.273 (Rule 509-2. Non-English-speaking person-interpreter privilege) 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.

Source: Section 40.273 — Rule 509-2. Non-English-speaking person-interpreter privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 45.400 — OR Code / Title 4 / Chapter 45 / Section 45.400
45.400 Remote location testimony
Status: in_force

(1) A party to any civil proceeding or any proceeding under ORS chapter 419B may move that the party or any witness for the moving party may give remote location testimony.

(2) A party filing a motion under this section must give written notice to all other parties to the proceeding at least 30 days before the trial or hearing at which the remote location testimony will be offered. The court may allow written notice less than 30 days before the trial or hearing for good cause shown.

(3) Intentionally left blank —Ed.

(a) Except as provided under subsection (5) of this section, the court may allow remote location testimony under this section upon a showing of good cause by the moving party, unless the court determines that the use of remote location testimony would result in prejudice to the nonmoving party and that prejudice outweighs the good cause for allowing the remote location testimony.

(b) Factors that a court may consider that would support a finding of good cause for the purpose of a motion under this subsection include:

(A) Whether the witness or party might be unavailable because of age, infirmity or mental or physical illness.

(B) Whether the party filing the motion seeks to take the remote location testimony of a witness whose attendance the party has been unable to secure by process or other reasonable means.

(C) Whether a personal appearance by the witness or party would be an undue hardship on the witness or party.

(D) Whether a perpetuation deposition under ORCP 39 I, or another alternative, provides a more practical means of presenting the testimony.

(E) Any other circumstances that constitute good cause.

(c) Factors that a court may consider that would support a finding of prejudice under this subsection include:

(A) Whether the ability to evaluate the credibility and demeanor of a witness or party in person is critical to the outcome of the proceeding.

(B) Whether the nonmoving party demonstrates that face-to-face cross-examination is necessary because the issue or issues the witness or party will testify about may be determinative of the outcome.

(C) Whether the exhibits or documents the witness or party will testify about are too voluminous to make remote location testimony practical.

(D) The nature of the proceeding, with due consideration for a person’s liberty or parental interests.

(E) Whether facilities that would permit the taking of remote location testimony are readily available.

(F) Whether the nonmoving party demonstrates that other circumstances exist that require the personal appearance of a witness or party.

(4) In exercising its discretion to allow remote location testimony under this section, a court may authorize telephone or other nonvisual transmission only upon finding that video transmission is not readily available.

(5) The court may not allow use of remote location testimony in a jury trial unless good cause is shown and there is a compelling need for the use of remote location testimony.

(6) A party filing a motion for remote location testimony under this section must pay all costs of the remote location testimony, including the costs of alternative procedures or technologies used for the taking of remote location testimony. No part of those costs may be recovered by the party filing the motions as costs and disbursements in the proceeding.

(7) This section does not apply to a workers’ compensation hearing or to any other administrative proceeding.

(8) As used in this section:

(a) “Remote location testimony” means live testimony given by a witness or party from a physical location outside of the courtroom of record via simultaneous electronic transmission.

(b) “Simultaneous electronic transmission” means television, telephone or any other form of electronic communication transmission if the form of transmission allows:

(A) The court, the attorneys and the person testifying from a remote location to communicate with each other during the proceeding;

(B) A witness or party who is represented by counsel at the hearing to be able to consult privately with counsel during the proceeding; and

(C) The public to hear and, if the transmission includes a visual image, to see the witness or party if the public would otherwise have the right to hear and see the witness or party testifying in the courtroom of record. [1993 c.425 §1; 2001 c.398 §1; 2003 c.262 §1; 2017 c.240 §1]

Source: Section 45.400 — Remote location testimony; when authorized; notice; payment of costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.360 — OR Code / Title 4 / Chapter 40 / Section 40.360
40.360 Rule 609-1. Impeachment for bias or interest
Status: in_force

(1) The credibility of a witness may be attacked by evidence that the witness engaged in conduct or made statements showing bias or interest. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the statement shall be shown or disclosed to the opposing party.

(2) If a witness fully admits the facts claimed to show the bias or interest of the witness, additional evidence of that bias or interest shall not be admitted. If the witness denies or does not fully admit the facts claimed to show bias or interest, the party attacking the credibility of the witness may then offer evidence to prove those facts.

(3) Evidence to support or rehabilitate a witness whose credibility has been attacked by evidence of bias or interest shall be limited to evidence showing a lack of bias or interest. [1981 c.892 §54; 1999 c.100 §1]

Source: Section 40.360 — Rule 609-1. Impeachment for bias or interest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 45.142 — OR Code / Title 4 / Chapter 45 / Section 45.142
45.142 Recording or reporting services provided under contract
Status: in_force

(1) Before recording or reporting a deposition, the person recording or reporting the deposition must disclose if the person has a contract to provide reporting services for depositions on a full-time or part-time basis for any of the following persons:

(a) A party in the action;

(b) A person with a financial interest in the outcome of the action;

(c) An attorney for a party in the action or another law practitioner representing a party in the action; or

(d) An attorney for a person with a financial interest in the outcome of the action or another law practitioner representing a person with a financial interest in the outcome of the action.

(2) If the person recording or reporting a deposition has a contract to provide reporting services for depositions on a full-time or part-time basis for any of the persons specified in subsection (1) of this section, any party to the action may object to the person employed for the purpose of recording or reporting the deposition. Upon objection, the parties shall attempt to agree upon a different person who shall record or report the deposition. If the parties cannot reach agreement, any of the parties may move the court to appoint an independent person who shall record or report the deposition.

(3) A party that objects to a person employed for the purpose of recording or reporting a deposition in the manner provided by this section is not subject to any penalty or sanction for making the objection and is not required to pay any fee of the person objected to.

(4) This section does not apply to contracts for reporting services for a single deposition, case or incident.

(5) This section does not apply to a person who records or reports depositions for a public body, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300) , or for a federal agency or any instrumentality of the federal government. [1999 c.942 §4; 2023 c.72 §36]

Source: Section 45.142 — Recording or reporting services provided under contract; required disclosures; objection to reporter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.120 — OR Code / Title 4 / Chapter 40 / Section 40.120
40.120 Rule 308. Presumptions in civil proceedings
Status: in_force

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]

Source: Section 40.120 — Rule 308. Presumptions in civil proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.130 — OR Code / Title 4 / Chapter 40 / Section 40.130
40.130 Rule 310. Conflicting presumptions
Status: in_force

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]

Source: Section 40.130 — Rule 310. Conflicting presumptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.410 — OR Code / Title 4 / Chapter 40 / Section 40.410
40.410 Rule 702. Testimony by experts
Status: in_force

If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise. [1981 c.892 §58]

Source: Section 40.410 — Rule 702. Testimony by experts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.274 — OR Code / Title 4 / Chapter 40 / Section 40.274
40.274 Rule 509-3. Legislative branch offsite process counselor privilege
Status: in_force

(1) As used in this section:

(a) “Confidential communication” means a communication between an offsite process counselor and an individual reporting information or seeking consultative services from the offsite process counselor.

(b) “Harassment” has the meaning given that term in legislative branch personnel rules that establish a standard of conduct that applies to legislators, legislative staff or executive or judicial branch staff that regularly are present in the State Capitol or regularly interact with the legislative branch, lobbyists who are required to be registered under ORS 171.740 (Lobbyist registration) , or contractors, including employees of contractors, who regularly perform services in the State Capitol. “Harassment” includes conduct that constitutes sexual harassment or retaliation as those terms are used in the legislative branch personnel rules that address harassment. “Harassment” includes discrimination in a place of public accommodation.

(c) “Legislative branch” means the legislative department, as defined in ORS 174.114 (“Legislative department” defined) .

(d) “Offsite process counselor” means an offsite process counselor who meets the qualifications established under ORS 173.930 (Contracting for offsite process counselor) (2), who performs services under ORS 173.933 (Offsite process counselor duties) and who has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault, stalking or workplace harassment, including harassment based on race, gender or disability, that has been approved by the Attorney General by rule.

(2) A person who reports information to an offsite process counselor that concerns harassment that the person has experienced or witnessed has a privilege to refuse to disclose and to prevent any other person from disclosing:

(a) Confidential communication made by the person to or received by the person from the offsite process counselor; and

(b) Records that are created or maintained by the offsite process counselor in the course of the person reporting information that concerns harassment in the State Capitol.

(3) A person who consults with an offsite process counselor for the purpose of understanding what options are available for reporting harassment or filing a harassment complaint has a privilege to refuse to disclose and to prevent any other person from disclosing:

(a) Confidential communication made by the person to or received by the person from the offsite process counselor; and

(b) Records that are created or maintained by the offsite process counselor in the course of providing counsel or services to the person.

(4) This section does not prohibit the disclosure of:

(a) Any information if the offsite process counselor reasonably believes that the disclosure is necessary to prevent immediate physical harm or other harm described in ORS 40.252 (Rule 504-5. Communications revealing intent to commit certain crimes) ; or

(b) Nonpersonally identifying data.

(5) This section applies to civil, criminal and administrative proceedings and to legislative branch disciplinary proceedings. [2019 c.604 §17]

Note: 40.274 (Rule 509-3. Legislative branch offsite process counselor privilege) was added to and made a part of 40.225 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 40.274 — Rule 509-3. Legislative branch offsite process counselor privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 45.285 — OR Code / Title 4 / Chapter 45 / Section 45.285
45.285 Appointment of interpreter for party, witness or victim with disability
Status: in_force

(1) For the purposes of this section:

(a) “Assistive communication device” means any equipment designed to facilitate communication by a person with a disability.

(b) “Hearing officer” includes an administrative law judge.

(c) “Person with a disability” means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment.

(d) “Qualified interpreter” means a person who is readily able to communicate with the person with a disability, interpret the proceedings and accurately repeat and interpret the statements of the person with a disability to the court.

(2) In any civil action, adjudicatory proceeding or criminal proceeding, including a court-ordered deposition if no other person is responsible for providing an interpreter, in which a person with a disability is a party or witness, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter and make available appropriate assistive communication devices whenever it is necessary to interpret the proceedings to the person with a disability, or to interpret the testimony of the person with a disability.

(3) In any criminal proceeding, the court shall appoint a qualified interpreter and make available appropriate assistive communication devices whenever it is necessary to interpret the proceedings to a victim who is a person with a disability and who seeks to exercise in open court a right that is granted by Article I, section 42 or 43, of the Oregon Constitution, including the right to be present at a critical stage of the proceeding.

(4) A fee may not be charged to the person with a disability for the appointment of an interpreter or use of an assistive communication device under this section. A fee may not be charged to any person for the appointment of an interpreter or the use of an assistive communication device if appointment or use is made to determine whether the person is a person with a disability for the purposes of this section.

(5) Fair compensation for the services of an interpreter or the cost of an assistive communication device under this section shall be paid:

(a) By the county, subject to the approval of the terms of the contract by the governing body of the county, in a proceeding in a county or justice court.

(b) By the city, subject to the approval of the terms of the contract by the governing body of the city, in a proceeding in a municipal court.

(c) By the state in a proceeding in a circuit court. Amounts payable by the state are not payable from the Public Defense Services Account established by ORS 151.225 (Public Defense Services Account) or from moneys appropriated to the Oregon Public Defense Commission. Fees of an interpreter necessary for the purpose of communication between appointed counsel and a client or witness in a criminal case are payable from the Public Defense Services Account or from moneys appropriated to the Oregon Public Defense Commission.

(d) By the agency in an adjudicatory proceeding. [1991 c.750 §1; 1993 c.687 §6; 1999 c.1041 §5; 2001 c.962 §§67,68; 2003 c.75 §§79,80; 2007 c.70 §13; 2012 c.107 §40; 2015 c.155 §3; 2023 c.281 §21]

Source: Section 45.285 — Appointment of interpreter for party, witness or victim with disability; provision of assistive communication device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.227 — OR Code / Title 4 / Chapter 40 / Section 40.227
40.227 Rule 503-1. Right of client to communicate with law practitioner
Status: in_force

(1) As used in this section, “client,” “confidential communication,” “law practitioner” and “representative of the law practitioner” have the meanings given those terms in ORS 40.225 (Rule 503. Law practitioner-client privilege) .

(2) A client has a right to privately communicate with the client’s law practitioner and representatives of the law practitioner.

(3) Intentionally left blank —Ed.

(a) Any evidence derived from a confidential communication that is privileged under ORS 40.225 (Rule 503. Law practitioner-client privilege) , between a client and the client’s law practitioner or a representative of the law practitioner, is inadmissible in any proceeding to which the client is a party if the confidential communication was obtained or disclosed without the consent of the client.

(b) Paragraph (a) of this subsection does not apply to evidence offered by the client. [2019 c.169 §1; 2023 c.72 §34]

Note: 40.227 (Rule 503-1. Right of client to communicate with law practitioner) 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.

Source: Section 40.227 — Rule 503-1. Right of client to communicate with law practitioner; inadmissibility of evidence obtained or disclosed without client’s consent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.205 — OR Code / Title 4 / Chapter 40 / Section 40.205
40.205 Rule 411. Liability insurance
Status: in_force

(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]

Source: Section 40.205 — Rule 411. Liability insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.200 — OR Code / Title 4 / Chapter 40 / Section 40.200
40.200 Rule 410. Withdrawn plea or statement not admissible
Status: in_force

(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]

Source: Section 40.200 — Rule 410. Withdrawn plea or statement not admissible , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.515 — OR Code / Title 4 / Chapter 40 / Section 40.515
40.515 Rule 903. Subscribing witness’ testimony unnecessary
Status: in_force

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing. [1981 c.892 §70]

CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS

Source: Section 40.515 — Rule 903. Subscribing witness’ testimony unnecessary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.250 — OR Code / Title 4 / Chapter 40 / Section 40.250
40.250 Rule 504-4. Regulated social worker-client privilege
Status: in_force

A regulated social worker under ORS 675.510 (Definitions for ORS 675.510 to 675.600) to 675.600 (Duties of board) may not be examined in a civil or criminal court proceeding as to any communication given the regulated social worker by a client in the course of noninvestigatory professional activity when the communication was given to enable the regulated social worker to aid the client, except when:

(1) The client or a person legally responsible for the client’s affairs gives consent to the disclosure;

(2) The client initiates legal action or makes a complaint against the regulated social worker to the State Board of Licensed Social Workers;

(3) The communication reveals a clear intent to commit a crime that reasonably is expected to result in physical injury to a person;

(4) The communication reveals that a minor was the victim of a crime, abuse or neglect; or

(5) The regulated social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the regulated social worker as a public employee. [1981 c.892 §33d; 1989 c.721 §46; 2009 c.442 §28]

Source: Section 40.250 — Rule 504-4. Regulated social worker-client privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.265 — OR Code / Title 4 / Chapter 40 / Section 40.265
40.265 Rule 508a. Stenographer-employer privilege
Status: in_force

A stenographer shall not, without the consent of the stenographer’s employer, be examined as to any communication or dictation made by the employer to the stenographer in the course of professional employment. [1981 c.892 §36]

Source: Section 40.265 — Rule 508a. Stenographer-employer privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.080 — OR Code / Title 4 / Chapter 40 / Section 40.080
40.080 Rule 201(f). Time of taking notice
Status: in_force

Judicial notice may be taken at any stage of the proceeding. [1981 c.892 §11]

Source: Section 40.080 — Rule 201(f). Time of taking notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.270 — OR Code / Title 4 / Chapter 40 / Section 40.270
40.270 Rule 509. Public officer privilege
Status: in_force

A public officer shall not be examined as to public records determined to be exempt from disclosure under ORS 192.338 (Exempt and nonexempt public record to be separated) , 192.345 (Public records conditionally exempt from disclosure) and 192.355 (Public records exempt from disclosure) . [1981 c.892 §37]

Source: Section 40.270 — Rule 509. Public officer privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.560 — OR Code / Title 4 / Chapter 40 / Section 40.560
40.560 Rule 1003. Admissibility of duplicates
Status: in_force

A duplicate is admissible to the same extent as an original unless:

(1) A genuine question is raised as to the authenticity of the original; or

(2) In the circumstances it would be unfair to admit the duplicate in lieu of the original. [1981 c.892 §73]

Source: Section 40.560 — Rule 1003. Admissibility of duplicates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.150 — OR Code / Title 4 / Chapter 44 / Section 44.150
44.150 Service of subpoena if witness concealed
Status: in_force

A sheriff, deputy or some person specially appointed by the sheriff, but none other, is authorized and required to break into any building or vessel in which a witness may be concealed to prevent the service of a subpoena, and serve it on the witness.

Source: Section 44.150 — Service of subpoena if witness concealed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 40.575 — OR Code / Title 4 / Chapter 40 / Section 40.575
40.575 Rule 1006. Summaries
Status: in_force

The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that they be produced in court. [1981 c.892 §76]

Source: Section 40.575 — Rule 1006. Summaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.185 — OR Code / Title 4 / Chapter 40 / Section 40.185
40.185 Rule 407. Subsequent remedial measures
Status: in_force

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]

Source: Section 40.185 — Rule 407. Subsequent remedial measures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.564 — OR Code / Title 4 / Chapter 44 / Section 44.564
44.564 Right of action to recover payment due
Status: in_force

Whenever a police officer or an employee of the Department of State Police appears as an expert witness under ORS 44.550 (Definitions for ORS 44.550 to 44.566) to 44.566 (Provisions not applicable if public body a party) and reimbursement is not made as provided for in ORS 44.550 (Definitions for ORS 44.550 to 44.566) to 44.566 (Provisions not applicable if public body a party) , the law enforcement unit by which the officer is employed or the Department of State Police, respectively, has standing to bring an action in order to recover the funds. [1991 c.550 §8; 2011 c.547 §28]

Note: See note under 44.550 (Definitions for ORS 44.550 to 44.566) .

Source: Section 44.564 — Right of action to recover payment due , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 44.080 — OR Code / Title 4 / Chapter 44 / Section 44.080
44.080 Protection of witness from improper questions and excessive detention
Status: in_force

It is the right of a witness to be protected from irrelevant, insulting or improper questions, and from harsh or insulting demeanor. The witness is to be detained only so long as the interests of justice require.

Source: Section 44.080 — Protection of witness from improper questions and excessive detention , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 41.560 — OR Code / Title 4 / Chapter 41 / Section 41.560
41.560 Grant or assignment of trust
Status: in_force

Every grant or assignment of any existing trust in lands, tenements, hereditaments, goods or things in action is void, unless it is in writing and subscribed by the party making it or by the lawfully authorized agent of the party.

Source: Section 41.560 — Grant or assignment of trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.475 — OR Code / Title 4 / Chapter 40 / Section 40.475
40.475 Rule 806. Attacking and supporting credibility of declarant
Status: in_force

When a hearsay statement, or a statement defined in ORS 40.450 (Rule 801. Definitions for ORS 40.450 to 40.475) (4)(b)(C), (D) or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the hearsay statement of the declarant, is not subject to any requirement under ORS 40.380 (Rule 613. Prior statements of witnesses) relating to impeachment by evidence of inconsistent statements. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under cross-examination. [1981 c.892 §67]

Source: Section 40.475 — Rule 806. Attacking and supporting credibility of declarant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.510 — OR Code / Title 4 / Chapter 40 / Section 40.510
40.510 Rule 902. Self-authentication
Status: in_force

(1) Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(a) A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.

(b) A document purporting to bear the signature, in an official capacity, of an officer or employee of any entity included in subsection (1)(a) of this section, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.

(c) A document purporting to be:

(A) Executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation; and

(B) Accompanied by a final certification as provided in subsection (3) of this section as to the genuineness of the signature and official position of:

(i) The executing or attesting person; or

(ii) Any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation.

(d) A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with subsection (1)(a), (b) or (c) of this section or otherwise complying with any law or rule prescribed by the Supreme Court.

(e) Books, pamphlets or other publications purporting to be issued by public authority.

(f) Printed materials purporting to be newspapers or periodicals.

(g) Inscriptions, signs, tags or labels purporting to have been affixed in the course of business and indicating ownership, control or origin.

(h) Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.

(i) Commercial paper, signatures thereon and documents relating thereto to the extent provided by the Uniform Commercial Code or ORS chapter 83.

(j) Any signature, documents or other matter declared by law to be presumptively or prima facie genuine or authentic.

(k) Intentionally left blank —Ed.

(A) A document bearing a seal purporting to be that of a federally recognized Indian tribal government or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.

(B) A document purporting to bear the signature, in an official capacity, of an officer or employee of any entity included in subparagraph (A) of this paragraph, having no seal, if a public officer having a seal and having official duties in the district or political subdivision or the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.

(L) Intentionally left blank —Ed.

(A) Any document containing data prepared or recorded by the Oregon State Police pursuant to ORS 813.160 (Methods of conducting chemical analyses) (1)(b)(C) or (E), or pursuant to ORS 475.235 (Burden of proof) (4), if the document is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police, and the person retrieving the data attests that the information was retrieved directly from the system and that the document accurately reflects the data retrieved.

(B) Any document containing data prepared or recorded by the Oregon State Police that is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police and that is electronically transmitted through public or private computer networks under an electronic signature adopted by the Oregon State Police if the person receiving the data attests that the document accurately reflects the data received.

(m) A report prepared by a forensic scientist that contains the results of a presumptive test conducted by the forensic scientist as described in ORS 475.235 (Burden of proof) , if the forensic scientist attests that the report accurately reflects the results of the presumptive test.

(2) For the purposes of this section, “signature” includes any symbol executed or adopted by a party with present intention to authenticate a writing.

(3) A final certification for purposes of subsection (1)(c) of this section may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification. [1981 c.892 §69; 1995 c.200 §2; 1999 c.674 §2; 2001 c.104 §12; 2003 c.14 §21; 2003 c.538 §3; 2005 c.22 §31; 2005 c.118 §4; 2007 c.636 §4; 2009 c.610 §10]

Source: Section 40.510 — Rule 902. Self-authentication , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.075 — OR Code / Title 4 / Chapter 40 / Section 40.075
40.075 Rule 201(e). Opportunity to be heard
Status: in_force

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]

Source: Section 40.075 — Rule 201(e). Opportunity to be heard , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 45.260 — OR Code / Title 4 / Chapter 45 / Section 45.260
45.260 Introduction, or exclusion, of part of deposition
Status: in_force

If only part of a deposition is offered in evidence by a party, an adverse party may require the party to introduce all of it which is relevant to the part introduced and any party may introduce any other parts, so far as admissible under the rules of evidence. When any portion of a deposition is excluded from a case, so much of the adverse examination as relates thereto is excluded also. [1955 c.611 §10]

Source: Section 45.260 — Introduction, or exclusion, of part of deposition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.262 — OR Code / Title 4 / Chapter 40 / Section 40.262
40.262 Rule 507. Counselor-client privilege
Status: in_force

A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists under ORS 675.715 (Application) shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by a client in the course of a noninvestigatory professional activity when such communication was given to enable the counselor or the therapist to aid the client, except:

(1) When the client or those persons legally responsible for the affairs of the client give consent to the disclosure. If both parties to a marriage have obtained marital and family therapy by a licensed marital and family therapist or a licensed counselor, the therapist or counselor shall not be competent to testify in a domestic relations action other than child custody action concerning information acquired in the course of the therapeutic relationship unless both parties consent;

(2) When the client initiates legal action or makes a complaint against the licensed professional counselor or licensed marriage and family therapist to the board;

(3) When the communication reveals the intent to commit a crime or harmful act; or

(4) When the communication reveals that a minor is or is suspected to be the victim of crime, abuse or neglect. [1989 c.721 §20]

Note: 40.262 (Rule 507. Counselor-client privilege) was added to and made a part of 40.010 (Rule 100. Short title) to 40.585 (Rule 1008. Functions of court and jury) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 40.262 — Rule 507. Counselor-client privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.325 — OR Code / Title 4 / Chapter 40 / Section 40.325
40.325 Rule 604. Interpreters
Status: in_force

Except as provided in ORS 45.275 (Appointment of interpreter for non-English-speaking party, witness or victim) (7), an interpreter is subject to the provisions of the Oregon Evidence Code relating to qualification as an expert and the administration of an oath or affirmation that the interpreter will make a true and impartial interpretation of the proceedings in an understandable manner using the interpreter’s best skills and judgment in accordance with the standards and ethics of the interpreter profession. [1981 c.892 §47; 1981 s.s. c.3 §138; 1989 c.224 §7; 1991 c.750 §7; 2001 c.242 §4; 2005 c.385 §3; 2015 c.155 §5]

Source: Section 40.325 — Rule 604. Interpreters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.905 — OR Code / Title 4 / Chapter 41 / Section 41.905
41.905 Admissibility in subsequent civil action of procedures in traffic crimes
Status: in_force

A plea to a charge of a traffic crime, as defined in ORS 801.545 (“Traffic crime.”) , and any judgment of conviction or acquittal of a person charged with a traffic crime, as defined by ORS 801.545 (“Traffic crime.”) , are not admissible in the trial of a subsequent civil action arising out of the same accident or occurrence to prove or negate the facts upon which such judgment was rendered. [1975 c.542 §1; 1981 c.892 §87; 1999 c.1051 §242; 2007 c.784 §6; 2011 c.597 §30]

Source: Section 41.905 — Admissibility in subsequent civil action of procedures in traffic crimes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 41.580 — OR Code / Title 4 / Chapter 41 / Section 41.580
41.580 Statute of frauds
Status: in_force

(1) In the following cases the agreement is void unless it, or some note or memorandum thereof, expressing the consideration, is in writing and subscribed by the party to be charged, or by the lawfully authorized agent of the party; evidence, therefore, of the agreement shall not be received other than the writing, or secondary evidence of its contents in the cases prescribed by law:

(a) An agreement that by its terms is not to be performed within a year from the making.

(b) An agreement to answer for the debt, default or miscarriage of another.

(c) An agreement by an executor or administrator to pay the debts of the testator or intestate out of the estate of the executor or administrator.

(d) An agreement made upon consideration of marriage, other than a mutual promise to marry.

(e) An agreement for the leasing for a longer period than one year, or for the sale of real property, or of any interest therein.

(f) An agreement concerning real property made by an agent of the party sought to be charged unless the authority of the agent is in writing.

(g) An agreement authorizing or employing an agent or broker to sell or purchase real estate for a compensation or commission; but if the note or memorandum of the agreement is in writing and subscribed by the party to be charged, or by the lawfully authorized agent of the party, and contains a description of the property sufficient for identification, and authorizes or employs the agent or broker to sell the property, and expresses with reasonable certainty the amount of the commission or compensation to be paid, the agreement shall not be void for failure to state a consideration.

(h) An agreement, promise or commitment to lend money, to otherwise extend credit, to forbear with respect to the repayment of any debt payable in money, to modify or amend the terms under which the person has lent money or otherwise extended credit, to release any guarantor or cosigner or to make any other financial accommodation pertaining to an existing debt or other extension of credit. This paragraph does not apply:

(A) If no party to the agreement, promise or commitment is a financial institution as defined in ORS 706.008 (Additional definitions for Bank Act) , a consumer finance company licensed under ORS chapter 725 or a mortgage banker as defined in ORS 86A.100 (Definitions) ; or

(B) To a loan of money or extension of credit to a natural person which is primarily for personal, family or household purposes and not for business or agricultural purposes or which is secured solely by residential property consisting of one to four dwelling units, one of which is the primary residence of the debtor.

(2) Intentionally left blank —Ed.

(a) Except as provided in this subsection, defenses and exceptions created by provisions of the Oregon Revised Statutes or recognized by the courts of this state do not apply to subsection (1)(h) of this section.

(b) An agreement, promise or commitment which does not satisfy the requirements of subsection (1)(h) of this section, but which is valid in other respects, is enforceable if the party against whom enforcement is sought admits in the party’s pleading, testimony or otherwise in court that the agreement, promise or commitment was made. The agreement is not enforceable under this paragraph beyond the dollar amount admitted.

(c) Nothing in subsection (1)(h) of this section precludes a party from seeking to prove the modification of any term relating to the time of repayment.

(3) Intentionally left blank —Ed.

(a) If a financial institution as defined in ORS 706.008 (Additional definitions for Bank Act) , a consumer finance company licensed under ORS chapter 725 or a mortgage banker as defined in ORS 86A.100 (Definitions) lends money or extends credit, and subsection (1)(h) of this section applies to the loan or extension of credit, the financial institution, consumer finance company or mortgage banker shall, not later than the time the loan or extension of credit is initially made, include within the loan or credit document, or within a separate document which identifies the loan or extension of credit, a statement which is underlined or in at least 10-point bold type and which is substantially to the following effect:

Under Oregon law, most agreements, promises and commitments made by us concerning loans and other credit extensions which are not for personal, family or household purposes or secured solely by the borrower’s residence must be in writing, express consideration and be signed by us to be enforceable.

(b) The financial institution, consumer finance company or mortgage banker shall obtain the borrower’s signature on the original document described in paragraph (a) of this subsection and shall give the borrower a copy. [Amended by 1989 c.967 §§1,19; 1993 c.508 §39; 1997 c.631 §373; 2003 c.386 §1]

Source: Section 41.580 — Statute of frauds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.415 — OR Code / Title 4 / Chapter 40 / Section 40.415
40.415 Rule 703. Bases of opinion testimony by experts
Status: in_force

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. [1981 c.892 §59]

Source: Section 40.415 — Rule 703. Bases of opinion testimony by experts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.740 — OR Code / Title 4 / Chapter 41 / Section 41.740
41.740 Parol evidence rule
Status: in_force

When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except where a mistake or imperfection of the writing is put in issue by the pleadings or where the validity of the agreement is the fact in dispute. However this section does not exclude other evidence of the circumstances under which the agreement was made, or to which it relates, as defined in ORS 42.220 (Consideration of circumstances) , or to explain an ambiguity, intrinsic or extrinsic, or to establish illegality or fraud. The term “agreement” includes deeds and wills as well as contracts between parties.

Source: Section 41.740 — Parol evidence rule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.160 — OR Code / Title 4 / Chapter 40 / Section 40.160
40.160 Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay
Status: in_force

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]

Source: Section 40.160 — Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.375 — OR Code / Title 4 / Chapter 40 / Section 40.375
40.375 Rule 612. Writing used to refresh memory
Status: in_force

If a witness uses a writing to refresh memory for the purpose of testifying, either while testifying or before testifying if the court in its discretion determines it is necessary in the interests of justice, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce into evidence those portions which relate to the testimony of the witness. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the court shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to order under this section, the court shall make any order justice requires, except that in criminal cases when the prosecution elects not to comply the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial. [1981 c.892 §55]

Source: Section 40.375 — Rule 612. Writing used to refresh memory , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 42.030 — OR Code / Title 4 / Chapter 42 / Section 42.030
42.030 Subscribing witness
Status: in_force

A subscribing witness is one who sees a writing executed, or hears it acknowledged, and at the request of the party thereupon signs one’s name as a witness.

Source: Section 42.030 — Subscribing witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 40.570 — OR Code / Title 4 / Chapter 40 / Section 40.570
40.570 Rule 1005. Public records
Status: in_force

The contents of an official record or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with ORS 40.510 (Rule 902. Self-authentication) or testified to be correct by a witness who has compared it with the original. If such a copy cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. [1981 c.892 §75; 1983 c.433 §3]

Source: Section 40.570 — Rule 1005. Public records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.558 — OR Code / Title 4 / Chapter 44 / Section 44.558
44.558 Payment for additional attendance beyond first day required in advance
Status: in_force

A police officer or an employee of the Department of State Police may not be ordered to return by the court or tribunal for subsequent proceedings beyond the day stated in the subpoena requiring the officer or employee to give the officer’s or employee’s expert opinion referred to in ORS 44.552 (Method of subpoenaing law enforcement personnel) (2) or the day upon which the officer or employee appeared under ORS 44.562 (Party and law enforcement personnel may agree to modify time of appearance) (2), unless the party at whose request the subpoena was issued, or the party at whose request the officer or employee is ordered to return, shall first tender to the officer or employee the same sum required to be tendered with a subpoena in the first instance. [1991 c.550 §5; 2011 c.547 §25]

Note: See note under 44.550 (Definitions for ORS 44.550 to 44.566) .

Source: Section 44.558 — Payment for additional attendance beyond first day required in advance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 42.040 — OR Code / Title 4 / Chapter 42 / Section 42.040
42.040 Proof of attested writing other than a will
Status: in_force

Any attested writing other than a will may be proved in the same manner as though it had not been attested.

Source: Section 42.040 — Proof of attested writing other than a will , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 44.240 — OR Code / Title 4 / Chapter 44 / Section 44.240
44.240 Production of witness confined in Department of Corrections institution
Status: in_force

(1) Whenever a court or judge makes an order for the temporary removal and production of a witness who is confined in a Department of Corrections institution within this state before a court or officer for the purpose of being orally examined this section applies. The superintendent of the institution shall, at the institution, deliver the witness to the sheriff of the county in which the court or judge making the order is located.

(2) The sheriff shall give the superintendent a signed receipt when taking custody of the witness under subsection (1) of this section. The sheriff shall be responsible for the custody of the witness until the sheriff returns the witness to the institution. Upon the return of the witness to the institution by the sheriff, the superintendent shall give a signed receipt therefor to the sheriff.

(3) When a witness is delivered to a sheriff under subsection (1) of this section, or at any time while the witness is in the custody of the sheriff as provided in subsection (2) of this section, the superintendent may give the sheriff a list of persons who may communicate with the witness or with whom the witness may communicate. Except as otherwise required by law, upon receipt of the list and while the witness is in the custody of the sheriff, the sheriff shall permit communication only between the witness and those persons designated by the list.

(4) The sheriff and neither the institution nor the Department of Corrections shall be liable for any expense incurred in connection with the witness while the witness is in the custody of the sheriff as provided in subsection (2) of this section. If the witness is a party plaintiff, the sheriff shall recover costs of the care of the witness from the plaintiff, and shall have a lien upon any judgment for the plaintiff. In all other cases, the sheriff and not the witness shall be entitled to the witness fees and mileage to which the witness would otherwise be entitled under ORS 44.415 (Fees and mileage of witnesses) (2), or other applicable law. [1955 c.523 §1; 1969 c.502 §2; 1973 c.836 §327; 1987 c.320 §13; 1987 c.606 §6; 1989 c.980 §3a]

Source: Section 44.240 — Production of witness confined in Department of Corrections institution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 44.562 — OR Code / Title 4 / Chapter 44 / Section 44.562
44.562 Party and law enforcement personnel may agree to modify time of appearance
Status: in_force

A police officer or an employee of the Department of State Police who has been subpoenaed under ORS 44.552 (Method of subpoenaing law enforcement personnel) and 44.560 (Application to subpoenas for depositions) for the purpose of giving the officer’s or employee’s expert opinion, in lieu of attendance at the time specified in the subpoena, may agree with the party at whose request the subpoena was issued to appear at another time or pursuant to such notice as may be agreed upon. [1991 c.550 §7; 2011 c.547 §27]

Note: See note under 44.550 (Definitions for ORS 44.550 to 44.566) .

Source: Section 44.562 — Party and law enforcement personnel may agree to modify time of appearance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 42.230 — OR Code / Title 4 / Chapter 42 / Section 42.230
42.230 Office of judge in construing instruments
Status: in_force

In the construction of an instrument, the office of the judge is simply to ascertain and declare what is, in terms or in substance, contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such construction is, if possible, to be adopted as will give effect to all.

Source: Section 42.230 — Office of judge in construing instruments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 45.020 — OR Code / Title 4 / Chapter 45 / Section 45.020
45.020 Affidavit described
Status: in_force

An affidavit is a written declaration under oath, made without notice to the adverse party.

Source: Section 45.020 — Affidavit described , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 44.554 — OR Code / Title 4 / Chapter 44 / Section 44.554
44.554 Payment of law enforcement personnel subpoenaed as expert witness
Status: in_force

(1) A police officer or an employee of the Department of State Police who is obliged by a subpoena issued pursuant to ORS 44.552 (Method of subpoenaing law enforcement personnel) (2) to attend as an expert witness shall receive from the law enforcement unit by which the officer is employed or the Department of State Police, respectively:

(a) The salary or other compensation to which the officer or employee is normally entitled during the time that the officer or employee travels to and from the place where the court or other tribunal is located and while the officer or employee is required to remain at that place pursuant to the subpoena; and

(b) The actual necessary and reasonable traveling expenses incurred in complying with the subpoena.

(2) Intentionally left blank —Ed.

(a) The party at whose request a subpoena is issued pursuant to ORS 44.552 (Method of subpoenaing law enforcement personnel) (2) compelling the attendance of a police officer or employee of the Department of State Police as an expert witness shall reimburse the law enforcement unit by which the officer is employed or the Department of State Police, respectively, for the full cost to the law enforcement unit or the department incurred in reimbursing the officer or employee as provided in subsection (1) of this section for each day that the officer or employee is required to remain in attendance pursuant to the subpoena.

(b) The amount of $160 must be tendered with any subpoena issued under ORS 44.552 (Method of subpoenaing law enforcement personnel) (2) to compel the attendance of a police officer or an employee of the Department of State Police as an expert witness for each day that the officer or employee is required to remain in attendance pursuant to the subpoena.

(c) Notwithstanding paragraph (b) of this subsection, if the person causing the issuance of a subpoena requiring the expert opinion of a police officer or an employee of the Department of State Police makes arrangements with the officer or the employee and with the tribunal prior to the issuance of the subpoena to take the testimony of the officer or employee by telephone, and testimony by telephone is otherwise allowed by the Oregon Rules of Civil Procedure, the amount of $80 shall be tendered with the subpoena for each day that the officer or employee is required to testify pursuant to the subpoena.

(3) If the actual expenses are less than the amount tendered, the excess of the amount tendered shall be refunded.

(4) Intentionally left blank —Ed.

(a) If the actual expenses are greater than the amount tendered, the difference shall be paid to the law enforcement unit by which the officer is employed or the Department of State Police, as appropriate, by the party at whose request the subpoena is issued.

(b) Notwithstanding paragraph (a) of this subsection, additional amounts are not payable unless, within seven days after the final day on which the officer or employee appears in the proceedings, the law enforcement unit or the Department of State Police, respectively, mails a statement to the party or to the party’s attorney reflecting the additional amounts due.

(5) If a court or tribunal continues a proceeding on its own motion, no additional expert witness fee may be required prior to the issuance of a subpoena or the making of an order directing the officer or employee to appear on the date to which the proceeding is continued. [1991 c.550 §3; 2011 c.547 §23]

Note: See note under 44.550 (Definitions for ORS 44.550 to 44.566) .

Source: Section 44.554 — Payment of law enforcement personnel subpoenaed as expert witness; obligation of party to reimburse law enforcement agency; method of payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 40.405 — OR Code / Title 4 / Chapter 40 / Section 40.405
40.405 Rule 701. Opinion testimony by lay witnesses
Status: in_force

If the witness is not testifying as an expert, testimony of the witness in the form of opinions or inferences is limited to those opinions or inferences which are:

(1) Rationally based on the perception of the witness; and

(2) Helpful to a clear understanding of testimony of the witness or the determination of a fact in issue. [1981 c.892 §57]

Source: Section 40.405 — Rule 701. Opinion testimony by lay witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.945 — OR Code / Title 4 / Chapter 41 / Section 41.945
41.945 Application of ORS 41.930 and ORCP 55 H
Status: repealed

ORS 41.930 (Admissibility of copies of original records) and ORCP 55 H apply in any proceedings in which testimony may be compelled. [1973 c.263 §8; 1979 c.284 §78]

Note: ORCP 55 was repealed and replaced by the Council on Court Procedures Amendments promulgated on December 8, 2018, and effective January 1, 2020. The text of 41.945 (Application of ORS 41.930 and ORCP 55 H) was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 41.945 (Application of ORS 41.930 and ORCP 55 H) for the repeal of ORCP 55 has not been made. See the ORCP 55 Cross-Reference Chart available from the Council on Court Procedures.

41.970 [1971 c.331 §3; renumbered 18.530]

Source: Section 41.945 — Application of ORS 41.930 and ORCP 55 H , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.090 — OR Code / Title 4 / Chapter 40 / Section 40.090
40.090 Rule 202. Law that is judicially noticed
Status: in_force

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 (Definitions for ORS chapters 195, 196, 197 and 197A) . [1981 c.892 §13; 2007 c.63 §1]

BURDEN OF PERSUASION; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS

Source: Section 40.090 — Rule 202. Law that is judicially noticed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.550 — OR Code / Title 4 / Chapter 44 / Section 44.550
44.550 Definitions for ORS 44.550 to 44.566
Status: in_force

As used in ORS 44.550 (Definitions for ORS 44.550 to 44.566) to 44.566 (Provisions not applicable if public body a party) :

(1) “Civil case” means any proceeding other than a criminal prosecution.

(2) “Law enforcement unit” means:

(a) The police department of a city;

(b) The sheriff’s department or other police organization of a county; or

(c) A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) .

(3) “Police officer” means an officer or member of a law enforcement unit who is employed full-time as a peace officer by the city or county and who is responsible for enforcing the criminal laws of this state.

(4) “Tribunal” means any person or body before which attendance of witnesses may be required by subpoena, including an arbitrator in arbitration proceedings. [1991 c.550 §1; 2011 c.506 §3; 2013 c.180 §4]

Note: 44.550 (Definitions for ORS 44.550 to 44.566) to 44.566 (Provisions not applicable if public body a party) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 44 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 44.550 — Definitions for ORS 44.550 to 44.566 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 40.252 — OR Code / Title 4 / Chapter 40 / Section 40.252
40.252 Rule 504-5. Communications revealing intent to commit certain crimes
Status: in_force

(1) In addition to any other limitations on privilege that may be imposed by law, there is no privilege under ORS 40.225 (Rule 503. Law practitioner-client privilege) , 40.230 (Rule 504. Psychotherapist-patient privilege) , 40.250 (Rule 504-4. Regulated social worker-client privilege) , 40.264 (Rule 507-1. Certified advocate-victim privilege) or 40.274 (Rule 509-3. Legislative branch offsite process counselor privilege) for communications if:

(a) In the professional judgment of the person receiving the communications, the communications reveal that the declarant has a clear and serious intent at the time the communications are made to subsequently commit a crime involving physical injury, a threat to the physical safety of any person, sexual abuse or death or involving an act described in ORS 167.322 (Aggravated animal abuse in the first degree) ;

(b) In the professional judgment of the person receiving the communications, the declarant poses a danger of committing the crime; and

(c) The person receiving the communications makes a report to another person based on the communications.

(2) The provisions of this section do not create a duty to report any communication to any person.

(3) A person who discloses a communication described in subsection (1) of this section, or fails to disclose a communication described in subsection (1) of this section, is not liable to any other person in a civil action for any damage or injury arising out of the disclosure or failure to disclose. [2001 c.640 §2; 2007 c.731 §4; 2015 c.265 §3; 2019 c.604 §18]

Note: 40.252 (Rule 504-5. Communications revealing intent to commit certain crimes) was added to and made a part of 40.225 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 40.252 — Rule 504-5. Communications revealing intent to commit certain crimes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.585 — OR Code / Title 4 / Chapter 40 / Section 40.585
40.585 Rule 1008. Functions of court and jury
Status: in_force

When the admissibility of other evidence of contents of writings, recordings or photographs under ORS 40.550 (Rule 1001. Definitions for ORS 40.550 to 40.585) to 40.585 (Rule 1008. Functions of court and jury) depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with ORS 40.030 (Rule 104. Preliminary questions) . However, the issue is for the trier of fact to determine as in the case of other issues of fact when the issue raised is:

(1) Whether the asserted writing ever existed;

(2) Whether another writing, recording or photograph produced at the trial is the original; or

(3) Whether the other evidence of contents correctly reflects the contents. [1981 c.892 §78]

Source: Section 40.585 — Rule 1008. Functions of court and jury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.815 — OR Code / Title 4 / Chapter 41 / Section 41.815
41.815 Evidence of compliance with or attempt to comply with ORCP 32 I
Status: in_force

Attempts to comply with the provisions of ORCP 32 I by a person receiving a demand shall be construed to be an offer to compromise and shall be inadmissible as evidence. Such attempts to comply with a demand shall not be considered an admission of engaging in the act or practice alleged to be unlawful nor of the unlawfulness of that act. Evidence of compliance or attempts to comply with the provisions of ORCP 32 I may be introduced by a defendant for the purpose of establishing good faith or to show compliance with the provisions of ORCP 32 I. [Formerly 13.310; 1981 c.912 §3]

Source: Section 41.815 — Evidence of compliance with or attempt to comply with ORCP 32 I; when admissible , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.565 — OR Code / Title 4 / Chapter 40 / Section 40.565
40.565 Rule 1004. Admissibility of other evidence of contents
Status: in_force

The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible when:

(1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;

(2) An original cannot be obtained by any available judicial process or procedure;

(3) At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or

(4) The writing, recording or photograph is not closely related to a controlling issue. [1981 c.892 §74]

Source: Section 40.565 — Rule 1004. Admissibility of other evidence of contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.255 — OR Code / Title 4 / Chapter 40 / Section 40.255
40.255 Rule 505. Spousal privilege
Status: in_force

(1) As used in this section, unless the context requires otherwise:

(a) “Confidential communication” means a communication by a spouse to the other spouse and not intended to be disclosed to any other person.

(b) “Marriage” means a marital relationship between two individuals, legally recognized under the laws of this state.

(c) “Spouse” means an individual in a marriage with another individual.

(2) In any civil or criminal action, a spouse has a privilege to refuse to disclose and to prevent the other spouse from disclosing any confidential communication made by one spouse to the other during the marriage. The privilege created by this subsection may be claimed by either spouse. The authority of the spouse to claim the privilege and the claiming of the privilege is presumed in the absence of evidence to the contrary.

(3) In any criminal proceeding, neither spouse, during the marriage, shall be examined adversely against the other as to any other matter occurring during the marriage unless the spouse called as a witness consents to testify.

(4) There is no privilege under this section:

(a) In all criminal actions in which one spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse;

(b) As to matters occurring prior to the marriage; or

(c) In any civil action where the spouses are adverse parties. [1981 c.892 §34; 1983 c.433 §1; 2016 c.46 §1]

Source: Section 40.255 — Rule 505. Spousal privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.570 — OR Code / Title 4 / Chapter 41 / Section 41.570
41.570 Contracts and communications made by telegraph
Status: in_force

Contracts made by telegraph shall be held to be in writing; and all communications sent by telegraph, and signed by the sender, or by the authority of the sender, shall be held to be in writing.

Source: Section 41.570 — Contracts and communications made by telegraph , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.190 — OR Code / Title 4 / Chapter 40 / Section 40.190
40.190 Rule 408. Compromise and offers to compromise
Status: in_force

(1) Intentionally left blank —Ed.

(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) Intentionally left blank —Ed.

(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]

Source: Section 40.190 — Rule 408. Compromise and offers to compromise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.556 — OR Code / Title 4 / Chapter 44 / Section 44.556
44.556 Prepayment of expenses in certain cases required
Status: in_force

A police officer or an employee of the Department of State Police who is called as an expert witness in a civil case may demand the payment specified in ORS 44.554 (Payment of law enforcement personnel subpoenaed as expert witness) (2) for one day, in advance, and when so demanded may not be compelled to attend until the payment is tendered. [1991 c.550 §4; 2011 c.547 §24]

Note: See note under 44.550 (Definitions for ORS 44.550 to 44.566) .

Source: Section 44.556 — Prepayment of expenses in certain cases required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 45.040 — OR Code / Title 4 / Chapter 45 / Section 45.040
45.040 Oral examination described
Status: in_force

An oral examination is an examination in the presence of the jury or tribunal which is to decide the fact, or act upon it, the testimony being heard by the jury or tribunal from the mouth of the witness.

Source: Section 45.040 — Oral examination described , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.425 — OR Code / Title 4 / Chapter 40 / Section 40.425
40.425 Rule 705. Disclosure of fact or data underlying expert opinion
Status: in_force

An expert may testify in terms of opinion or inference and give reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination. [1981 c.892 §61]

Source: Section 40.425 — Rule 705. Disclosure of fact or data underlying expert opinion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.545 — OR Code / Title 4 / Chapter 44 / Section 44.545
44.545 Expediting proceedings
Status: in_force

(1) Except as otherwise provided in subsection (2) of this section or except for good cause shown by either party, in any case where a child or a member of the family of the child is a victim of a crime and where a child under 18 years of age is called to give testimony, the court, consistent with the rules of civil or criminal procedure, shall expedite the action and insure that it takes precedence over any other. When determining whether or not to grant a continuance, the judge shall take into consideration the age of the child and the potential adverse impact the delay may have on the well-being of the child. The court shall make written findings of fact and conclusions of law when granting a continuance.

(2) The provisions of subsection (1) of this section do not apply to any juvenile proceeding other than the termination of parental rights. [1991 c.387 §1]

Note: 44.545 (Expediting proceedings) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 44 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 44.545 — Expediting proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 40.195 — OR Code / Title 4 / Chapter 40 / Section 40.195
40.195 Rule 409. Payment of medical and similar expenses
Status: in_force

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]

Source: Section 40.195 — Rule 409. Payment of medical and similar expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.230 — OR Code / Title 4 / Chapter 40 / Section 40.230
40.230 Rule 504. Psychotherapist-patient privilege
Status: in_force

(1) As used in this section, unless the context requires otherwise:

(a) “Confidential communication” means a communication not intended to be disclosed to third persons except:

(A) Persons present to further the interest of the patient in the consultation, examination or interview;

(B) Persons reasonably necessary for the transmission of the communication; or

(C) Persons who are participating in the diagnosis and treatment under the direction of the psychotherapist, including members of the patient’s family.

(b) “Patient” means a person who consults or is examined or interviewed by a psychotherapist.

(c) “Psychotherapist” means a person who is:

(A) Licensed, registered, certified or otherwise authorized under the laws of any state to engage in the diagnosis or treatment of a mental or emotional condition; or

(B) Reasonably believed by the patient so to be, while so engaged.

(2) A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.

(3) The privilege created by this section may be claimed by:

(a) The patient.

(b) A guardian or conservator of the patient.

(c) The personal representative of a deceased patient.

(d) The person who was the psychotherapist, but only on behalf of the patient. The psychotherapist’s authority so to do is presumed in the absence of evidence to the contrary.

(4) The following is a nonexclusive list of limits on the privilege granted by this section:

(a) If the judge orders an examination of the mental, physical or emotional condition of the patient, communications made in the course thereof are not privileged under this section with respect to the particular purpose for which the examination is ordered unless the judge orders otherwise.

(b) There is no privilege under this rule as to communications relevant to an issue of the mental or emotional condition of the patient:

(A) In any proceeding in which the patient relies upon the condition as an element of the patient’s claim or defense; or

(B) After the patient’s death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense.

(c) Except as provided in ORCP 44, there is no privilege under this section for communications made in the course of mental examination performed under ORCP 44.

(d) There is no privilege under this section with regard to any confidential communication or record of such confidential communication that would otherwise be privileged under this section when the use of the communication or record is allowed specifically under ORS 426.070 (Initiation) , 426.074 (Investigation) , 426.075 (Notice and records of treatment prior to hearing) , 426.095 (Commitment hearing) , 426.120 (Examination report) or 426.307 (Court hearing) . This paragraph only applies to the use of the communication or record to the extent and for the purposes set forth in the described statute sections. [1981 c.892 §33; 1987 c.903 §1]

Source: Section 40.230 — Rule 504. Psychotherapist-patient privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.315 — OR Code / Title 4 / Chapter 40 / Section 40.315
40.315 Rule 602. Lack of personal knowledge
Status: in_force

Subject to the provisions of ORS 40.415 (Rule 703. Bases of opinion testimony by experts) , a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness. [1981 c.892 §44]

Source: Section 40.315 — Rule 602. Lack of personal knowledge , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.415 — OR Code / Title 4 / Chapter 44 / Section 44.415
44.415 Fees and mileage of witnesses
Status: in_force

(1) Except as provided in subsection (2) of this section, a person is entitled to receive $30 for each day’s attendance as a witness and mileage reimbursement at the rate of 25 cents a mile if the person is required to travel from a place within or outside this state in order to perform duties as a witness. Total mileage reimbursement shall not exceed the necessary cost of transportation on reasonably available common carriers.

(2) In any criminal proceeding, any proceeding prosecuted by a public body or any proceeding where a public body is a party, a person is entitled to receive $5 for each day’s attendance as a witness and mileage reimbursement at the rate of eight cents a mile if the person is required to travel from a place within or outside this state in order to perform duties as a witness. Total mileage reimbursement shall not exceed the necessary cost of transportation on reasonably available common carriers.

(3) As used in this section, “public body” means any state, city, county, school district, other political subdivision, municipal corporation, public corporation and any instrumentality thereof. [1989 c.980 §2]

Source: Section 44.415 — Fees and mileage of witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 45.275 — OR Code / Title 4 / Chapter 45 / Section 45.275
45.275 Appointment of interpreter for non-English-speaking party, witness or victim
Status: in_force

(1) Intentionally left blank —Ed.

(a) The court shall appoint a qualified interpreter in a civil or criminal proceeding, and a hearing officer or the designee of a hearing officer shall appoint a qualified interpreter in an adjudicatory proceeding, whenever it is necessary:

(A) To interpret the proceedings to a non-English-speaking party;

(B) To interpret the testimony of a non-English-speaking party or witness; or

(C) To assist the court, agency or hearing officer in performing the duties and responsibilities of the court, agency or hearing officer.

(b) The court shall appoint a qualified interpreter in a criminal proceeding whenever it is necessary to interpret the proceedings to a non-English-speaking victim who seeks to exercise in open court a right that is granted by Article I, section 42 or 43, of the Oregon Constitution, including the right to be present at a critical stage of the proceeding.

(2) A fee may not be charged to any person for the appointment of an interpreter to interpret testimony of a non-English-speaking party or witness, to interpret the proceedings to a non-English-speaking party or victim or to assist the court, agency or hearing officer in performing the duties and responsibilities of the court, agency or hearing officer. A fee may not be charged to any person for the appointment of an interpreter if appointment is made to determine whether the person is non-English-speaking for the purposes of this section.

(3) Fair compensation for the services of an interpreter appointed under this section shall be paid:

(a) By the county, subject to the approval of the terms of the contract by the governing body of the county, in a proceeding in a county or justice court.

(b) By the city, subject to the approval of the terms of the contract by the governing body of the city, in a proceeding in a municipal court.

(c) By the state in a proceeding in a circuit court. Amounts payable by the state are not payable from the Public Defense Services Account established by ORS 151.225 (Public Defense Services Account) or from moneys appropriated to the Oregon Public Defense Commission. Fees of an interpreter necessary for the purpose of communication between appointed counsel and a client or witness in a criminal case are payable from the Public Defense Services Account or from moneys appropriated to the Oregon Public Defense Commission.

(d) By the agency in an adjudicatory proceeding.

(4) If a party, victim or witness is dissatisfied with the interpreter appointed by the court, the hearing officer or the designee of the hearing officer, the party, victim or witness may request the appointment of a different interpreter. A request under this subsection must be made in a manner consistent with the policies and notice requirements of the court or agency relating to the appointment and scheduling of interpreters. If the substitution of another interpreter will delay the proceeding, the person making the request must show good cause for the substitution. Any party may object to use of any interpreter for good cause. Unless the court, hearing officer or the designee of the hearing officer has appointed a different interpreter for cause, the party using any interpreter other than the interpreter originally appointed by the court, hearing officer or the designee of the hearing officer shall bear any additional costs beyond the amount required to pay the original interpreter.

(5) A judge or hearing officer, on the judge’s or hearing officer’s own motion, may substitute a different interpreter for the interpreter initially appointed in a proceeding. A judge or hearing officer may make a substitution under this subsection at any time and for any reason.

(6) A court may allow as costs reasonable expenses incurred by a party in employing the services of an interpreter in civil proceedings in the manner provided by ORCP 68.

(7) A court, a hearing officer or the designee of a hearing officer shall require any person serving as an interpreter for the court or agency to state the person’s name on the record and whether the person is certified under ORS 45.291 (Certification program) . If the person is certified under ORS 45.291 (Certification program) , the interpreter need not make the oath or affirmation required by ORS 40.325 (Rule 604. Interpreters) or submit the interpreter’s qualifications on the record. If the person is not certified under ORS 45.291 (Certification program) , the interpreter must make the oath or affirmation required by ORS 40.325 (Rule 604. Interpreters) and submit the interpreter’s qualifications on the record.

(8) For the purposes of this section:

(a) “Hearing officer” includes an administrative law judge.

(b) “Non-English-speaking person” means a person who, by reason of place of birth or culture, speaks a language other than English and does not speak English with adequate ability to communicate effectively in the proceedings.

(c) “Qualified interpreter” means a person who is readily able to communicate with the non-English-speaking person and who can orally transfer the meaning of statements to and from English and the language spoken by the non-English-speaking person. A qualified interpreter must be able to interpret in a manner that conserves the meaning, tone, level, style and register of the original statement, without additions or omissions. “Qualified interpreter” does not include any person who is unable to interpret the dialect, slang or specialized vocabulary used by the party, victim or witness. [1991 c.750 §2; 1993 c.687 §8; 1995 c.273 §16; 1997 c.872 §18; 1999 c.1041 §4; 2001 c.242 §1; 2001 c.962 §§65,66; 2003 c.75 §§77,78; 2005 c.385 §2; 2012 c.107 §39; 2015 c.155 §2; 2023 c.281 §20]

Source: Section 45.275 — Appointment of interpreter for non-English-speaking party, witness or victim; substitution; payment of costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 45.900 — OR Code / Title 4 / Chapter 45 / Section 45.900
45.900 Penalty for violation of ORS 45.135 or 45.138
Status: in_force

Violation of ORS 45.135 (Who may not report deposition in civil action) or 45.138 (Duties of person recording or reporting deposition) is a Class B violation. [1999 c.942 §3; 1999 c.1051 §322d; 2011 c.597 §152]

Source: Section 45.900 — Penalty for violation of ORS 45.135 or 45.138 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 42.300 — OR Code / Title 4 / Chapter 42 / Section 42.300
42.300 Parties to written instrument not to deny facts recited therein
Status: in_force

Except for the recital of a consideration, the truth of the facts recited from the recital in a written instrument shall not be denied by the parties thereto, their representatives or successors in interest by a subsequent title. [1981 c.892 §83]

Source: Section 42.300 — Parties to written instrument not to deny facts recited therein , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 42.250 — OR Code / Title 4 / Chapter 42 / Section 42.250
42.250 Terms construed as generally accepted
Status: in_force

The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible that they have a technical, local, or otherwise peculiar signification and were used and understood in the particular instance, in which case the agreement shall be construed accordingly.

Source: Section 42.250 — Terms construed as generally accepted; evidence of other signification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 40.175 — OR Code / Title 4 / Chapter 40 / Section 40.175
40.175 Rule 405. Methods of proving character
Status: in_force

(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) Intentionally left blank —Ed.

(a) In cases in which character or a trait of character of a person is admissible under ORS 40.170 (Rule 404. Character evidence) (1), proof may also be made of specific instances of the conduct of the person.

(b) When evidence is admissible under ORS 40.170 (Rule 404. Character evidence) (3) or (4), proof may be made of specific instances of the conduct of the person. [1981 c.892 §25; 1997 c.313 §34]

Source: Section 40.175 — Rule 405. Methods of proving character , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.270 — OR Code / Title 4 / Chapter 41 / Section 41.270
41.270 Proof of usage
Status: in_force

(1) Usage shall be proved by the testimony of at least two witnesses.

(2) Evidence may be given of usage to explain the true character of an act, contract or instrument when such true character is not otherwise plain, but usage is never admissible except as a means of interpretation. [Amended by 1981 c.892 §86]

Source: Section 41.270 — Proof of usage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.135 — OR Code / Title 4 / Chapter 40 / Section 40.135
40.135 Rule 311. Presumptions
Status: in_force

(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) Two individuals deporting themselves as legally married to each other 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; 2016 c.46 §2]

Source: Section 40.135 — Rule 311. Presumptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.380 — OR Code / Title 4 / Chapter 40 / Section 40.380
40.380 Rule 613. Prior statements of witnesses
Status: in_force

(1) In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel.

(2) Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in ORS 40.450 (Rule 801. Definitions for ORS 40.450 to 40.475) . [1981 c.892 §55a; 1983 c.433 §2; 1983 c.740 §5]

Source: Section 40.380 — Rule 613. Prior statements of witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 42.020 — OR Code / Title 4 / Chapter 42 / Section 42.020
42.020 Execution of a writing
Status: in_force

The execution of a writing is the subscribing and delivering it, with or without affixing a seal.

Source: Section 42.020 — Execution of a writing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 44.520 — OR Code / Title 4 / Chapter 44 / Section 44.520
44.520 Limitation on compellable testimony from media persons
Status: in_force

(1) No person connected with, employed by or engaged in any medium of communication to the public shall be required by a legislative, executive or judicial officer or body, or any other authority having power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise:

(a) The source of any published or unpublished information obtained by the person in the course of gathering, receiving or processing information for any medium of communication to the public; or

(b) Any unpublished information obtained or prepared by the person in the course of gathering, receiving or processing information for any medium of communication to the public.

(2) No papers, effects or work premises of a person connected with, employed by or engaged in any medium of communication to the public shall be subject to a search by a legislative, executive or judicial officer or body, or any other authority having power to compel the production of evidence, by search warrant or otherwise. The provisions of this subsection, however, shall not apply where probable cause exists to believe that the person has committed, is committing or is about to commit a crime. [1973 c.22 §3; 1979 c.820 §1]

Source: Section 44.520 — Limitation on compellable testimony from media persons; search of media persons’ papers, effects or work premises prohibited; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 44.370 — OR Code / Title 4 / Chapter 44 / Section 44.370
44.370 Witness presumed to speak truth
Status: in_force

A witness is presumed to speak the truth. This presumption, however, may be overcome by the manner in which the witness testifies, by the character of the testimony of the witness, or by evidence affecting the character or motives of the witness, or by contradictory evidence. Where the trial is by the jury, they are the exclusive judges of the credibility of the witness.

Source: Section 44.370 — Witness presumed to speak truth; jury judges of credibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 43.150 — OR Code / Title 4 / Chapter 43 / Section 43.150
43.150 When parties the same
Status: in_force

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.

Source: Section 43.150 — When parties the same , https://www.­oregonlegislature.­gov/bills_laws/ors/ors043.­html (accessed May 26, 2025).
ORS § 40.430 — OR Code / Title 4 / Chapter 40 / Section 40.430
40.430 Rule 706. Impeachment of expert witness by learned treatise
Status: in_force

Upon cross-examination, an expert witness may be questioned concerning statements contained in a published treatise, periodical or pamphlet on a subject of history, medicine or other science or art if the treatise, periodical or pamphlet is established as a reliable authority. A treatise, periodical or pamphlet may be established as a reliable authority by the testimony or admission of the witness, by other expert testimony or by judicial notice. Statements contained in a treatise, periodical or pamphlet established as a reliable authority may be used for purposes of impeachment but may not be introduced as substantive evidence. [1999 c.85 §2]

Source: Section 40.430 — Rule 706. Impeachment of expert witness by learned treatise , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.320 — OR Code / Title 4 / Chapter 44 / Section 44.320
44.320 Authority to take testimony and administer oath or affirmation
Status: in_force

Every court, judge, clerk of a court, justice of the peace, certified shorthand reporter as defined in ORS 8.415 (Definitions for ORS 8.415 to 8.455) or notary public is authorized to take testimony in any action or proceeding, as are other persons in particular cases authorized by statute or the Oregon Rules of Civil Procedure and is authorized to administer oaths and affirmations generally, and every such other person in the particular case authorized. [Amended by 1979 c.284 §81; 1989 c.1055 §13; 1997 c.249 §21]

Source: Section 44.320 — Authority to take testimony and administer oath or affirmation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 43.180 — OR Code / Title 4 / Chapter 43 / Section 43.180
43.180 Effect of judicial record of other jurisdictions
Status: in_force

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]

Source: Section 43.180 — Effect of judicial record of other jurisdictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors043.­html (accessed May 26, 2025).
ORS § 40.260 — OR Code / Title 4 / Chapter 40 / Section 40.260
40.260 Rule 506. Member of clergy-penitent privilege
Status: in_force

(1) As used in this section, unless the context requires otherwise:

(a) “Confidential communication” means a communication made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.

(b) “Member of the clergy” means a minister of any church, religious denomination or organization or accredited Christian Science practitioner who in the course of the discipline or practice of that church, denomination or organization is authorized or accustomed to hearing confidential communications and, under the discipline or tenets of that church, denomination or organization, has a duty to keep such communications secret.

(2) A member of the clergy may not be examined as to any confidential communication made to the member of the clergy in the member’s professional character unless consent to the disclosure of the confidential communication is given by the person who made the communication.

(3) Even though the person who made the communication has given consent to the disclosure, a member of the clergy may not be examined as to any confidential communication made to the member in the member’s professional character if, under the discipline or tenets of the member’s church, denomination or organization, the member has an absolute duty to keep the communication confidential. [1981 c.892 §35; 1999 c.7 §1]

Source: Section 40.260 — Rule 506. Member of clergy-penitent privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.930 — OR Code / Title 4 / Chapter 41 / Section 41.930
41.930 Admissibility of copies of original records
Status: repealed

The copy of the records described in ORCP 55 H or ORS 136.447 (Medical records) is admissible in evidence to the same extent as though the original thereof were offered and a custodian of hospital records had been present and testified to the matters stated in the affidavit. The affidavit is admissible as evidence of the matters stated therein. The matters stated therein are presumed to be true. The presumption established by this section is a presumption affecting the burden of producing evidence. [1973 c.263 §4; 1979 c.284 §77; 1995 c.196 §4]

Note: ORCP 55 was repealed and replaced by the Council on Court Procedures Amendments promulgated on December 8, 2018, and effective January 1, 2020. The text of 41.930 (Admissibility of copies of original records) was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 41.930 (Admissibility of copies of original records) for the repeal of ORCP 55 has not been made. See the ORCP 55 Cross-Reference Chart available from the Council on Court Procedures.

Source: Section 41.930 — Admissibility of copies of original records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.070 — OR Code / Title 4 / Chapter 40 / Section 40.070
40.070 Rules 201(c) and 201(d). When mandatory or discretionary
Status: in_force

(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]

Source: Section 40.070 — Rules 201(c) and 201(d). When mandatory or discretionary , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 45.273 — OR Code / Title 4 / Chapter 45 / Section 45.273
45.273 Policy
Status: in_force

(1) It is declared to be the policy of this state to secure the constitutional rights and other rights of persons who are unable to readily understand or communicate in the English language because of a non-English-speaking cultural background or a disability, and who as a result cannot be fully protected in administrative and court proceedings unless qualified interpreters are available to provide assistance.

(2) It is the intent of the Legislative Assembly in passing ORS 45.272 (Definitions for ORS 45.272 to 45.297) to 45.297 (Authority to enter into service contracts) to provide a procedure for the qualification and use of court interpreters. Nothing in ORS 45.272 (Definitions for ORS 45.272 to 45.297) to 45.297 (Authority to enter into service contracts) abridges the rights or obligations of parties under other laws or court rules. [1993 c.687 §1; 1999 c.1041 §1]

Source: Section 45.273 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.065 — OR Code / Title 4 / Chapter 40 / Section 40.065
40.065 Rule 201(b). Kinds of facts
Status: in_force

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]

Source: Section 40.065 — Rule 201(b). Kinds of facts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 43.450 — OR Code / Title 4 / Chapter 43 / Section 43.450
43.450 Official records and files of United States Army, Navy and Air Force
Status: in_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.

Source: Section 43.450 — Official records and files of United States Army, Navy and Air Force , https://www.­oregonlegislature.­gov/bills_laws/ors/ors043.­html (accessed May 26, 2025).
ORS § 44.090 — OR Code / Title 4 / Chapter 44 / Section 44.090
44.090 Protection of witness from arrest
Status: in_force

(1) Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee or other officer, is exonerated from arrest, in a civil case, while going to the place of attendance, necessarily remaining there and returning. The arrest of a witness contrary to this section is void, and when willfully made is a contempt of the court; and the officer making the arrest is responsible to the witness for double the amount of the damages which may be assessed against the officer, and is also liable in an action by the party serving the witness with the subpoena, for the damages sustained by that party in consequence of the arrest.

(2) But the officer is not liable in any way, unless the person claiming the exemption makes, if required, an affidavit stating:

(a) That the person has been served with a subpoena to attend as a witness before a court, judge or other officer, specifying the same, the place of attendance and the action, suit or proceeding in which the subpoena was issued; and

(b) That the person has not been served by the procurement of the person with the intention of avoiding an arrest.

(3) The affidavit may be taken by the officer and exonerates the officer from liability for not making the arrest, or for discharging the witness when arrested.

(4) The court, judge or officer before whom the attendance of the witness is required may discharge the witness from an arrest made in violation of this section.

Source: Section 44.090 — Protection of witness from arrest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 40.550 — OR Code / Title 4 / Chapter 40 / Section 40.550
40.550 Rule 1001. Definitions for ORS 40.550 to 40.585
Status: in_force

As used in ORS 40.550 (Rule 1001. Definitions for ORS 40.550 to 40.585) to 40.585 (Rule 1008. Functions of court and jury) , unless the context requires otherwise:

(1) “Duplicate” means a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, by mechanical or electronic re-recording, by chemical reproduction, by optical imaging or by other equivalent techniques that accurately reproduce the original, including reproduction by facsimile machines if the reproduction is identified as a facsimile and printed on nonthermal paper.

(2) “Original” of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original.”

(3) “Photographs” includes still photographs, X-ray films, video tapes and motion pictures.

(4) “Writings” and “recordings” mean letters, words or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, optical imaging, mechanical or electronic recording or other form of data compilation. [1981 c.892 §71; 1991 c.857 §1; 1995 c.760 §1]

Source: Section 40.550 — Rule 1001. Definitions for ORS 40.550 to 40.585 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 43.200 — OR Code / Title 4 / Chapter 43 / Section 43.200
43.200 Effect of judicial record of foreign admiralty court
Status: in_force

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.

Source: Section 43.200 — Effect of judicial record of foreign admiralty court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors043.­html (accessed May 26, 2025).
ORS § 40.010 — OR Code / Title 4 / Chapter 40 / Section 40.010
40.010 Rule 100. Short title
Status: in_force

ORS 40.010 (Rule 100. Short title) to 40.585 (Rule 1008. Functions of court and jury) and 41.415 (Photograph of victim in prosecution for criminal homicide) shall be known and may be cited as the Oregon Evidence Code. [1981 c.892 §1]

Source: Section 40.010 — Rule 100. Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 43.170 — OR Code / Title 4 / Chapter 43 / Section 43.170
43.170 Effect on principal of judgment against surety
Status: in_force

Whenever, pursuant to ORS 43.130 (Judicial orders that are conclusive) to 43.160 (What determined by former judgment) , 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.

Source: Section 43.170 — Effect on principal of judgment against surety , https://www.­oregonlegislature.­gov/bills_laws/ors/ors043.­html (accessed May 26, 2025).