ORS § 44.530 — OR Code / Title 4 / Chapter 44 / Section 44.530
44.530 Application of ORS 44.520
Status: in_force

(1) ORS 44.520 (Limitation on compellable testimony from media persons) applies regardless of whether a person has disclosed elsewhere any of the information or source thereof, or any of the related information.

(2) ORS 44.520 (Limitation on compellable testimony from media persons) continues to apply in relation to any of the information, or source thereof, or any related information, even in the event of subsequent termination of a person’s connection with, employment by or engagement in any medium of communication to the public.

(3) The provisions of ORS 44.520 (Limitation on compellable testimony from media persons) (1) do not apply with respect to the content or source of allegedly defamatory information, in civil action for defamation wherein the defendant asserts a defense based on the content or source of such information. [1973 c.22 §§4,5; 1979 c.820 §2]

Source: Section 44.530 — Application of ORS 44.520 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 41.520 — OR Code / Title 4 / Chapter 41 / Section 41.520
41.520 Evidence to prove a will
Status: in_force

Evidence of a will shall be the written instrument itself, or secondary evidence of the contents of the will, in the cases prescribed by law. [Amended by 1969 c.591 §271]

Source: Section 41.520 — Evidence to prove a will , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 43.130 — OR Code / Title 4 / Chapter 43 / Section 43.130
43.130 Judicial orders that are conclusive
Status: in_force

The effect of a judgment, decree or final order in an action, suit or proceeding before a court or judge of this state or of the United States, having jurisdiction is as follows:

(1) In case of a judgment, decree or order against a specific thing or in respect to the probate of a will or the administration of the estate of a deceased person or in respect to the personal, political, or legal condition or relation of a particular person, the judgment, decree or order is conclusive upon the title to the thing, the will or administration, or the condition or relation of the person.

(2) In other cases, the judgment, decree or order is, in respect to the matter directly determined, conclusive between the parties, their representatives and their successors in interest by title subsequent to the commencement of the action, suit or proceeding, litigating for the same thing, under the same title and in the same capacity.

Source: Section 43.130 — Judicial orders that are conclusive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors043.­html (accessed May 26, 2025).
ORS § 45.294 — OR Code / Title 4 / Chapter 45 / Section 45.294
45.294 Court Interpreter and Shorthand Reporter Certification Account
Status: in_force

(1) The Court Interpreter and Shorthand Reporter Certification Account is established as an account in the General Fund of the State Treasury. All moneys received by the State Court Administrator from fees imposed under ORS 8.445 (Fees) and 45.291 (Certification program) shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously to the State Court Administrator to carry out the provisions of ORS 8.415 (Definitions for ORS 8.415 to 8.455) to 8.455 (Advisory committee, membership) and 45.291 (Certification program) .

(2) The State Court Administrator may apply for and receive funds or grants from federal, state and private sources to be credited to the Court Interpreter and Shorthand Reporter Certification Account and used for the purposes specified in ORS 8.415 (Definitions for ORS 8.415 to 8.455) to 8.455 (Advisory committee, membership) and 45.291 (Certification program) . [1993 c.687 §4; 1995 c.386 §7]

Source: Section 45.294 — Court Interpreter and Shorthand Reporter Certification Account; sources; uses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.150 — OR Code / Title 4 / Chapter 40 / Section 40.150
40.150 Rule 401. Definition of “relevant evidence.”
Status: in_force

“Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. [1981 c.892 §21]

Source: Section 40.150 — Rule 401. Definition of “relevant evidence.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.110 — OR Code / Title 4 / Chapter 41 / Section 41.110
41.110 Satisfactory evidence
Status: in_force

Satisfactory evidence is that which ordinarily produces moral certainty or conviction in an unprejudiced mind. It alone will justify a verdict. Evidence less than this is insufficient evidence.

Source: Section 41.110 — Satisfactory evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.125 — OR Code / Title 4 / Chapter 40 / Section 40.125
40.125 Rule 309. Presumptions in criminal proceedings
Status: in_force

(1) The judge is not authorized to direct the jury to find a presumed fact against the accused.

(2) When the presumed fact establishes guilt or is an element of the offense or negates a defense, the judge may submit the question of guilt or the existence of the presumed fact to the jury only if:

(a) A reasonable juror on the evidence as a whole could find that the facts giving rise to the presumed fact have been established beyond a reasonable doubt; and

(b) The presumed fact follows more likely than not from the facts giving rise to the presumed fact. [1981 c.892 §18]

Source: Section 40.125 — Rule 309. Presumptions in criminal proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.530 — OR Code / Title 4 / Chapter 41 / Section 41.530
41.530 Evidence of representations as to third persons
Status: in_force

No evidence is admissible to charge a person upon a representation as to the credit, skill or character of a third person, unless the representation, or some memorandum thereof, be in writing, and either subscribed by or in the handwriting of the party to be charged.

Source: Section 41.530 — Evidence of representations as to third persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.105 — OR Code / Title 4 / Chapter 40 / Section 40.105
40.105 Rule 305. Allocation of the burden of persuasion
Status: in_force

A party has the burden of persuasion as to each fact the existence or nonexistence of which the law declares essential to the claim for relief or defense the party is asserting. [1981 c.892 §14]

Source: Section 40.105 — Rule 305. Allocation of the burden of persuasion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.210 — OR Code / Title 4 / Chapter 40 / Section 40.210
40.210 Rule 412. Sex offense cases
Status: in_force

(1) Notwithstanding any other provision of law, in a prosecution for a crime described in ORS 163.266 (Trafficking in persons) (1), 163.355 (Rape in the third degree) to 163.427 (Sexual abuse in the first degree) , 163.670 (Using child in display of sexually explicit conduct) or 167.017 (Compelling prostitution) , in a prosecution for an attempt to commit one of those crimes or in a proceeding conducted under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) , the following evidence is not admissible:

(a) Reputation or opinion evidence of the past sexual behavior of an alleged victim or a corroborating witness; or

(b) Reputation or opinion evidence presented for the purpose of showing that the manner of dress of an alleged victim incited the crime or, in a proceeding under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) , incited the sexual abuse, or indicated consent to the sexual acts that are alleged.

(2) Notwithstanding any other provision of law, in a prosecution for a crime or an attempt to commit a crime listed in subsection (1) of this section or in a proceeding conducted under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) , evidence of an alleged victim’s past sexual behavior other than reputation or opinion evidence is also not admissible, unless the evidence other than reputation or opinion evidence:

(a) Is admitted in accordance with subsection (4) of this section; and

(b) Is evidence that:

(A) Relates to the motive or bias of the alleged victim;

(B) Is necessary to rebut or explain scientific or medical evidence offered by the state; or

(C) Is otherwise constitutionally required to be admitted.

(3) Notwithstanding any other provision of law, in a prosecution for a crime or an attempt to commit a crime listed in subsection (1) of this section or in a proceeding conducted under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) , evidence, other than reputation or opinion evidence, of the manner of dress of the alleged victim or a corroborating witness, presented by a person accused of committing the crime or, in a proceeding conducted under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) , by the respondent, is also not admissible, unless the evidence:

(a) Is admitted in accordance with subsection (4) of this section; and

(b) Is evidence that:

(A) Relates to the motive or bias of the alleged victim;

(B) Is necessary to rebut or explain scientific, medical or testimonial evidence offered by the state;

(C) Is necessary to establish the identity of the alleged victim; or

(D) Is otherwise constitutionally required to be admitted.

(4) Intentionally left blank —Ed.

(a) If the person accused of a crime or an attempt to commit a crime listed in subsection (1) of this section, or the respondent in a proceeding conducted under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) , intends to offer evidence under subsection (2) or (3) of this section, the accused or the respondent shall make a written motion to offer the evidence not later than 15 days before the date on which the trial in which the evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which the evidence relates has newly arisen in the case. Any motion made under this paragraph shall be served on all other parties and, in a criminal proceeding, on the alleged victim through the office of the prosecutor.

(b) The motion described in paragraph (a) of this subsection shall be accompanied by a written offer of proof. If the court determines that the offer of proof contains evidence described in subsection (2) or (3) of this section, the court shall order a hearing in camera to determine if the evidence is admissible. At the hearing the parties may call witnesses, including the alleged victim, and offer relevant evidence. Notwithstanding ORS 40.030 (Rule 104. Preliminary questions) (2), if the relevancy of the evidence that the accused or the respondent seeks to offer in the trial depends upon the fulfillment of a condition of fact, the court, at the hearing in camera or at a subsequent hearing in camera scheduled for the same purpose, shall accept evidence on the issue of whether the condition of fact is fulfilled and shall determine the issue.

(c) If the court determines on the basis of the hearing described in paragraph (b) of this subsection that the evidence the accused or the respondent seeks to offer is relevant and that the probative value of the evidence outweighs the danger of unfair prejudice, the evidence shall be admissible in the trial to the extent an order made by the court specifies evidence that may be offered and areas with respect to which a witness may be examined or cross-examined.

(d) An order admitting evidence under this subsection in a criminal prosecution may be appealed by the state before trial.

(5) For purposes of this section:

(a) “Alleged victim” includes the petitioner in a proceeding conducted under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) .

(b) “In camera” means out of the presence of the public and the jury.

(c) “Past sexual behavior” means sexual behavior other than:

(A) The sexual behavior with respect to which the crime or attempt to commit the crime listed in subsection (1) of this section is alleged; or

(B) In a proceeding conducted under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) , the alleged sexual abuse.

(d) “Trial” includes a hearing conducted under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) . [1981 c.892 §31; 1993 c.301 §1; 1993 c.776 §1; 1997 c.249 §20; 1999 c.949 §3; 2013 c.687 §21; 2013 c.720 §5; 2019 c.13 §20; 2023 c.217 §6]

Source: Section 40.210 — Rule 412. Sex offense cases; relevance of victim’s past behavior or manner of dress , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.240 — OR Code / Title 4 / Chapter 40 / Section 40.240
40.240 Rule 504-2. Nurse-patient privilege
Status: in_force

A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient. [1981 c.892 §33b]

Source: Section 40.240 — Rule 504-2. Nurse-patient privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.562 — OR Code / Title 4 / Chapter 40 / Section 40.562
40.562 Rule 1003-1. Admissibility of reproduction
Status: in_force

(1) If any business, institution or member of a profession or calling, in the regular course of business or activity, has kept or recorded any memorandum, writing, entry, print, representation or a combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, optical imaging or other process that accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity and the principal or true owner has not authorized destruction or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original.

(2) If any department or agency of government, in the regular course of business or activity, has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business, and in accordance with ORS 192.040 (Making, filing and recording records by photocopying) to 192.060 (Indexing and filing copied records) and 192.105 (State Archivist authorization for state officials to dispose of records) , has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, optical imaging or other process that accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity and the principal or true owner has not authorized destruction or unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original. [1995 c.760 §3]

Source: Section 40.562 — Rule 1003-1. Admissibility of reproduction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 42.290 — OR Code / Title 4 / Chapter 42 / Section 42.290
42.290 Construction of notices
Status: in_force

A written notice is to be construed according to the ordinary acceptation of its terms. Thus, a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or payment, shall be held to import that it has been duly presented for acceptance or payment and refused, and that the holder looks for payment to the person to whom the notice is given.

Source: Section 42.290 — Construction of notices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 45.250 — OR Code / Title 4 / Chapter 45 / Section 45.250
45.250 Use of deposition
Status: in_force

(1) At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any of the following provisions of this subsection:

(a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of a deponent as a witness.

(b) The deposition of a party, or of anyone who at the time of taking the deposition was an officer, director or managing agent of a public or private corporation, partnership or association that is a party, may be used by an adverse party for any purpose.

(2) At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party for any purpose, if the party was present or represented at the taking of the deposition or had due notice thereof, and if the court finds that:

(a) The witness is dead;

(b) The witness is unable to attend or testify because of age, sickness, infirmity or imprisonment;

(c) The party offering the deposition has been unable to procure the attendance of the witness by subpoena;

(d) Upon application and notice, such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used; or

(e) The deposition was taken in the same proceeding pursuant to ORCP 39 I.

(3) For the purpose of subsection (2)(c) of this section, the failure of a party to serve a witness at the time of deposition with a subpoena that requires the appearance of the witness at trial or other hearing does not constitute sufficient grounds to deny the use of the deposition of that witness at the trial or other hearing without further showing of a lack of diligence on the part of the party offering the deposition. [1955 c.611 §§8,9; 1979 c.284 §83; 1987 c.275 §1; 1989 c.980 §4; 2001 c.234 §1; 2007 c.71 §12]

Source: Section 45.250 — Use of deposition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.555 — OR Code / Title 4 / Chapter 40 / Section 40.555
40.555 Rule 1002. Requirement of original
Status: in_force

To prove the content of a writing, recording or photograph, the original writing, recording or photograph is required, except as otherwise provided in ORS 40.550 (Rule 1001. Definitions for ORS 40.550 to 40.585) to 40.585 (Rule 1008. Functions of court and jury) or other law. [1981 c.892 §72]

Source: Section 40.555 — Rule 1002. Requirement of original , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.580 — OR Code / Title 4 / Chapter 40 / Section 40.580
40.580 Rule 1007. Testimony or written admission of party
Status: in_force

Contents of writings, recordings or photographs may be proved by the testimony or deposition of the party against whom offered or by the party’s written admission, without accounting for the nonproduction of the original. [1981 c.892 §77]

Source: Section 40.580 — Rule 1007. Testimony or written admission of party , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.040 — OR Code / Title 4 / Chapter 40 / Section 40.040
40.040 Rule 106. When part of transaction proved, whole admissible
Status: in_force

When part of an act, declaration, conversation or writing is given in evidence by one party, the whole on the same subject, where otherwise admissible, may at that time be inquired into by the other; when a letter is read, the answer may at that time be given; and when a detached act, declaration, conversation or writing is given in evidence, any other act, declaration, conversation or writing which is necessary to make it understood may at that time also be given in evidence. [1981 c.892 §6a]

Source: Section 40.040 — Rule 106. When part of transaction proved, whole admissible , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.110 — OR Code / Title 4 / Chapter 40 / Section 40.110
40.110 Rule 306. Instructions on the burden of persuasion
Status: in_force

The court shall instruct the jury as to which party bears the applicable burden of persuasion on each issue only after all of the evidence in the case has been received. [1981 c.892 §15]

Source: Section 40.110 — Rule 306. Instructions on the burden of persuasion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.180 — OR Code / Title 4 / Chapter 40 / Section 40.180
40.180 Rule 406. Habit
Status: in_force

(1) Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.

(2) As used in this section, “habit” means a person’s regular practice of meeting a particular kind of situation with a specific, distinctive type of conduct. [1981 c.892 §21]

Source: Section 40.180 — Rule 406. Habit; routine practice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.552 — OR Code / Title 4 / Chapter 44 / Section 44.552
44.552 Method of subpoenaing law enforcement personnel
Status: in_force

(1) Whenever a police officer or an employee of the Department of State Police is called as an expert witness in a civil case by a party by whom the officer or employee is not employed, a subpoena requiring attendance may be served by delivering a copy either to the officer or employee personally or to the officer’s or employee’s immediate superior.

(2) Intentionally left blank —Ed.

(a) A person causing a subpoena to be issued to compel the attendance of a police officer or an employee of the Department of State Police before a tribunal shall indicate on the face of the subpoena whether the person or the person’s representative intends to ask the expert opinion of the officer or employee as to any aspect of the proceedings.

(b) A police officer or an employee of the Department of State Police may not be required by a tribunal to give the officer’s or employee’s expert opinion on any matter before the tribunal unless the subpoena compelling the officer’s or employee’s presence indicates that the officer’s or employee’s expert opinion will be asked. [1991 c.550 §2; 2011 c.547 §22]

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

Source: Section 44.552 — Method of subpoenaing law enforcement personnel; subpoena to reflect whether expert opinion to be asked , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).
ORS § 42.270 — OR Code / Title 4 / Chapter 42 / Section 42.270
42.270 Written words control printed form
Status: in_force

When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls.

Source: Section 42.270 — Written words control printed form , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 45.130 — OR Code / Title 4 / Chapter 45 / Section 45.130
45.130 Production of affiant or declarant for cross-examination
Status: in_force

Whenever a provisional remedy has been allowed upon affidavit, a declaration under penalty of perjury as described in ORCP 1 E or an 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, the party against whom it is allowed may serve upon the party by whom it was obtained a notice, requiring the affiant or declarant to be produced for cross-examination before a named officer authorized to administer oaths. Thereupon the party to whom the remedy was allowed shall lose the benefit of the affidavit or declaration and all proceedings founded thereon, unless within eight days, or such other time as the court or judge may direct, upon a previous notice to the adversary of at least three days, the party produces the affiant or declarant for examination before the officer mentioned in the notice, or some other of like authority, provided for in the order of the court or judge. Upon production, the affiant or declarant may be examined by either party, but a party is not obliged to make this production of an affiant or a declarant except within the county where the provisional remedy was allowed. [Amended by 2003 c.194 §3; 2013 c.218 §12]

Source: Section 45.130 — Production of affiant or declarant for cross-examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.350 — OR Code / Title 4 / Chapter 40 / Section 40.350
40.350 Rule 608. Evidence of character and conduct of witness
Status: in_force

(1) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but:

(a) The evidence may refer only to character for truthfulness or untruthfulness; and

(b) Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.

(2) Specific instances of the conduct of a witness, for the purpose of attacking or supporting the credibility of the witness, other than conviction of crime as provided in ORS 40.355 (Rule 609. Impeachment by evidence of conviction of crime) , may not be proved by extrinsic evidence. Further, such specific instances of conduct may not, even if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness. [1981 c.892 §52]

Source: Section 40.350 — Rule 608. Evidence of character and conduct of witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 42.260 — OR Code / Title 4 / Chapter 42 / Section 42.260
42.260 Ambiguous terms
Status: in_force

When the terms of an agreement have been intended in a different sense by the parties, that sense is to prevail, against either party, in which the party supposed the other understood it. When different constructions of a provision are otherwise equally proper, that construction is to be taken which is most favorable to the party in whose favor the provision was made.

Source: Section 42.260 — Ambiguous terms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 40.215 — OR Code / Title 4 / Chapter 40 / Section 40.215
40.215 Rule 413. Measures and assessments intended to minimize impact of or plan for natural disaster
Status: in_force

Evidence of measures taken or vulnerability assessments conducted before a natural disaster occurs that were intended to minimize the impact of or plan for the natural disaster is not admissible to prove negligence or culpable conduct in connection with damage, harm, injury or death resulting from the natural disaster. [2015 c.541 §2]

Source: Section 40.215 — Rule 413. Measures and assessments intended to minimize impact of or plan for natural disaster , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.015 — OR Code / Title 4 / Chapter 40 / Section 40.015
40.015 Rule 101. Applicability of Oregon Evidence Code
Status: in_force

(1) The Oregon Evidence Code applies to all courts in this state except for:

(a) A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501 (Appeals to tax court to be heard by magistrate division) ;

(b) The small claims department of a circuit court as provided by ORS 46.415 (Circuit judges to sit in department) ; and

(c) The small claims department of a justice court as provided by ORS 55.080 (Formal pleadings unnecessary) .

(2) The Oregon Evidence Code applies generally to civil actions, suits and proceedings, criminal actions and proceedings and to contempt proceedings except those in which the court may act summarily.

(3) ORS 40.225 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) relating to privileges apply at all stages of all actions, suits and proceedings.

(4) ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) do not apply in the following situations:

(a) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under ORS 40.030 (Rule 104. Preliminary questions) .

(b) Proceedings before grand juries, except as required by ORS 132.320 (Consideration of evidence) .

(c) Proceedings for extradition, except as required by ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) .

(d) Sentencing proceedings, except proceedings under ORS 138.052 (Appeal from judgment of conviction and sentence of death) and 163.150 (Sentencing for aggravated murder) , as required by ORS 137.090 (Considerations in determining aggravation or mitigation) or proceedings under ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof) .

(e) Proceedings to revoke probation, except as required by ORS 137.090 (Considerations in determining aggravation or mitigation) .

(f) Proceedings conducted in a reentry court under section 29, chapter 649, Oregon Laws 2013.

(g) Issuance of warrants of arrest, bench warrants or search warrants.

(h) Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173 (Oregon Evidence Code to apply in preliminary hearings) .

(i) Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (Disposition required) (2) and 419C.400 (Conduct of hearings) (4).

(j) Proceedings under ORS 813.210 (Petition) , 813.215 (Eligibility for diversion) , 813.220 (Matters to be considered by court in determining to allow diversion agreement) , 813.230 (Diversion agreement) , 813.250 (Motion to dismiss charge on completion of diversion) and 813.255 (Termination of diversion) to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

(k) Proceedings under ORS 147.530 (Hearing on claim, response or motion) relating to victims’ rights, except for the provisions of ORS 40.105 (Rule 305. Allocation of the burden of persuasion) and 40.115 (Rule 307. Allocation of the burden of producing evidence) . [1981 c.892 §2; 1983 c.784 §1; 1985 c.16 §444; 1987 c.441 §10; 1993 c.18 §13; 1993 c.33 §289; 1995 c.531 §1; 1995 c.650 §22; 1995 c.657 §22; 1995 c.658 §35; 1999 c.1055 §11; 2005 c.345 §2; 2005 c.463 §8; 2005 c.463 §13; 2005 c.843 §25; 2007 c.16 §2; 2009 c.178 §23; 2013 c.649 §32]

Note: The amendments to 40.015 (Rule 101. Applicability of Oregon Evidence Code) by section 37, chapter 649, Oregon Laws 2013, become operative July 1, 2033. See section 38, chapter 649, Oregon Laws 2013, as amended by section 25, chapter 78, Oregon Laws 2022, and section 6, chapter 572, Oregon Laws 2023. The text that is operative on and after July 1, 2033, is set forth for the user’s convenience.

40.015 (Rule 101. Applicability of Oregon Evidence Code) . (1) The Oregon Evidence Code applies to all courts in this state except for:

(a) A hearing or mediation before a magistrate of the Oregon Tax Court as provided by ORS 305.501 (Appeals to tax court to be heard by magistrate division) ;

(b) The small claims department of a circuit court as provided by ORS 46.415 (Circuit judges to sit in department) ; and

(c) The small claims department of a justice court as provided by ORS 55.080 (Formal pleadings unnecessary) .

(2) The Oregon Evidence Code applies generally to civil actions, suits and proceedings, criminal actions and proceedings and to contempt proceedings except those in which the court may act summarily.

(3) ORS 40.225 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) relating to privileges apply at all stages of all actions, suits and proceedings.

(4) ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) do not apply in the following situations:

(a) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under ORS 40.030 (Rule 104. Preliminary questions) .

(b) Proceedings before grand juries, except as required by ORS 132.320 (Consideration of evidence) .

(c) Proceedings for extradition, except as required by ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agent’s expenses) .

(d) Sentencing proceedings, except proceedings under ORS 138.052 (Appeal from judgment of conviction and sentence of death) and 163.150 (Sentencing for aggravated murder) , as required by ORS 137.090 (Considerations in determining aggravation or mitigation) or proceedings under ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof) .

(e) Proceedings to revoke probation, except as required by ORS 137.090 (Considerations in determining aggravation or mitigation) .

(f) Issuance of warrants of arrest, bench warrants or search warrants.

(g) Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173 (Oregon Evidence Code to apply in preliminary hearings) .

(h) Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (Disposition required) (2) and 419C.400 (Conduct of hearings) (4).

(i) Proceedings under ORS 813.210 (Petition) , 813.215 (Eligibility for diversion) , 813.220 (Matters to be considered by court in determining to allow diversion agreement) , 813.230 (Diversion agreement) , 813.250 (Motion to dismiss charge on completion of diversion) and 813.255 (Termination of diversion) to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

(j) Proceedings under ORS 147.530 (Hearing on claim, response or motion) relating to victims’ rights, except for the provisions of ORS 40.105 (Rule 305. Allocation of the burden of persuasion) and 40.115 (Rule 307. Allocation of the burden of producing evidence) .

Source: Section 40.015 — Rule 101. Applicability of Oregon Evidence Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 42.125 — OR Code / Title 4 / Chapter 42 / Section 42.125
42.125 Seal of state officer or state agency authorized
Status: in_force

(1) For the purposes of ORS 40.510 (Rule 902. Self-authentication) (1)(a) and (d), each state officer and state agency may have a seal which, unless specifically provided otherwise by law, shall consist of an impression, imprint or likeness of the state seal accompanied by the name of the state officer or state agency.

(2) As used in this section:

(a) “Seal” has the meaning given that term in ORS 42.110 (Seal defined) .

(b) “State agency” means every state officer, board, commission, department, institution, branch or agency of the state government, except:

(A) The Legislative Assembly and the courts and their officers and committees; and

(B) The Oregon Public Defense Commission.

(c) “State officer” includes any appointed state official who is authorized by the Oregon Department of Administrative Services to have a seal and any elected state official, except members of the Legislative Assembly. [1982 s.s.1 c.14 §1; 2003 c.449 §23; 2005 c.22 §32; 2023 c.281 §19]

Note: The amendments to 42.125 (Seal of state officer or state agency authorized) by section 80, chapter 281, Oregon Laws 2023, become operative January 1, 2025. See section 92, chapter 281, Oregon Laws 2023. The text that is operative on and after January 1, 2025, is set forth for the user’s convenience.

42.125 (Seal of state officer or state agency authorized) . (1) For the purposes of ORS 40.510 (Rule 902. Self-authentication) (1)(a) and (d), each state officer and state agency may have a seal which, unless specifically provided otherwise by law, shall consist of an impression, imprint or likeness of the state seal accompanied by the name of the state officer or state agency.

(2) As used in this section:

(a) “Seal” has the meaning given that term in ORS 42.110 (Seal defined) .

(b) “State agency” means every state officer, board, commission, department, institution, branch or agency of the state government, except the Legislative Assembly and the courts and their officers and committees.

(c) “State officer” includes any appointed state official who is authorized by the Oregon Department of Administrative Services to have a seal and any elected state official, except members of the Legislative Assembly.

Source: Section 42.125 — Seal of state officer or state agency authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 41.510 — OR Code / Title 4 / Chapter 41 / Section 41.510
41.510 Indispensable evidence
Status: in_force

Certain evidence is necessary to the validity of particular acts or the proof of particular facts.

Source: Section 41.510 — Indispensable evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 45.132 — OR Code / Title 4 / Chapter 45 / Section 45.132
45.132 Definition for ORS 45.135, 45.138 and 45.142
Status: in_force

As used in ORS 45.135 (Who may not report deposition in civil action) , 45.138 (Duties of person recording or reporting deposition) and 45.142 (Recording or reporting services provided under contract) , “deposition” means the taking of testimony for discovery, the taking of testimony for perpetuation of the testimony and the taking of testimony in arbitration proceedings. [1999 c.942 §5]

Source: Section 45.132 — Definition for ORS 45.135, 45.138 and 45.142 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 40.280 — OR Code / Title 4 / Chapter 40 / Section 40.280
40.280 Rule 511. Waiver of privilege by voluntary disclosure
Status: in_force

A person upon whom ORS 40.225 (Rule 503. Law practitioner-client privilege) to 40.295 (Rule 514. Effect on existing privileges) confer a privilege against disclosure of the confidential matter or communication waives the privilege if the person or the person’s predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter or communication. This section does not apply if the disclosure is itself a privileged communication. Voluntary disclosure does not occur with the mere commencement of litigation or, in the case of a deposition taken for the purpose of perpetuating testimony, until the offering of the deposition as evidence. Voluntary disclosure does not occur when representatives of the news media are allowed to attend executive sessions of the governing body of a public body as provided in ORS 192.660 (Executive sessions permitted on certain matters) (4), or when representatives of the news media disclose information after the governing body has prohibited disclosure of the information under ORS 192.660 (Executive sessions permitted on certain matters) (4). Voluntary disclosure does not occur when a public body, as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478) , discloses information or records in response to a written request for public records made under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . Voluntary disclosure does occur, as to psychotherapists in the case of a mental or emotional condition and physicians in the case of a physical condition upon the holder’s offering of any person as a witness who testifies as to the condition. [1981 c.892 §39; 2003 c.259 §1; 2017 c.456 §9]

Source: Section 40.280 — Rule 511. Waiver of privilege by voluntary disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.272 — OR Code / Title 4 / Chapter 40 / Section 40.272
40.272 Rule 509-1. Sign language interpreter privilege
Status: in_force

(1) As used in this section:

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

(b) “Sign language interpreter” or “interpreter” means a person who translates conversations or other communications for a person with a disability or translates the statements of a person with a disability.

(2) A person with a disability has a privilege to refuse to disclose and to prevent a sign language interpreter from disclosing any communications to which the person with a disability was a party that were made while the interpreter was providing interpretation services for the person with a disability. The privilege created by this section extends only to those communications between a person with a disability 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 §2; 2007 c.70 §11]

Note: 40.272 (Rule 509-1. Sign language interpreter 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 40.272 — Rule 509-1. Sign language interpreter privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.330 — OR Code / Title 4 / Chapter 40 / Section 40.330
40.330 Rule 605. Competency of judge as witness
Status: in_force

The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point. [1981 c.892 §48]

Source: Section 40.330 — Rule 605. Competency of judge as witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.245 — OR Code / Title 4 / Chapter 40 / Section 40.245
40.245 Rule 504-3. School employee-student privilege
Status: in_force

(1) A certificated staff member of an elementary or secondary school may not be examined in any civil action or proceeding as to any conversation between the certificated staff member and a student that relates to the personal affairs of the student or family of the student, and that if disclosed would tend to damage or incriminate the student or family. Any violation of the privilege provided by this subsection may result in the suspension of certification of the professional staff member as provided in ORS 342.175 (Grounds for discipline) , 342.177 (Hearing and decision on charges) and 342.180 (Appeal) .

(2) A licensed school counselor regularly employed and designated in that capacity by a public school may not, without the consent of the student, be examined as to any communication made by the student to the counselor in the official capacity of the counselor in any civil action or proceeding or a criminal action or proceeding in which the student is a party concerning the past use, abuse or sale of drugs, controlled substances or alcoholic liquor. Any violation of the privilege provided by this subsection may result in the suspension of the license of the professional school counselor as provided in ORS 342.175 (Grounds for discipline) , 342.177 (Hearing and decision on charges) and 342.180 (Appeal) . However, in the event that the student’s condition presents a clear and imminent danger to the student or to others, the counselor shall report this fact to an appropriate responsible authority or take other emergency measures that the situation demands. [1981 c.892 §33c; 2021 c.97 §6]

Source: Section 40.245 — Rule 504-3. School employee-student privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 45.272 — OR Code / Title 4 / Chapter 45 / Section 45.272
45.272 Definitions for ORS 45.272 to 45.297
Status: in_force

As used in ORS 45.272 (Definitions for ORS 45.272 to 45.297) to 45.297 (Authority to enter into service contracts) :

(1) “Adjudicatory proceeding” means:

(a) Any contested case hearing conducted under ORS chapter 183; or

(b) Any hearing conducted by an agency in which the individual legal rights, duties or privileges of specific parties are determined if that determination is subject to judicial review by a circuit court or by the Court of Appeals.

(2) “Agency” has that meaning given in ORS 183.310 (Definitions for chapter) .

(3) “Critical stage of the proceeding” has the meaning given that term in ORS 147.500 (Definitions) .

(4) “Victim” has the meaning given that term in ORS 147.500 (Definitions) . [1999 c.1041 §3; 2015 c.155 §1]

Source: Section 45.272 — Definitions for ORS 45.272 to 45.297 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 41.675 — OR Code / Title 4 / Chapter 41 / Section 41.675
41.675 Inadmissibility of certain data provided to peer review body of health care providers and health care groups
Status: in_force

(1) As used in this section, “peer review body” includes tissue committees, governing bodies or committees including medical staff committees of a health care facility licensed under ORS chapter 441, medical staff committees of the Department of Corrections and similar committees of professional societies, a health care service contractor as defined in ORS 750.005 (Definitions) , an emergency medical service provider as defined in ORS 41.685 (Inadmissibility of certain data relating to emergency medical services system) or any other medical group or provider of medical services in connection with bona fide medical research, quality assurance, utilization review, credentialing, education, training, supervision or discipline of physicians or other health care providers or in connection with the grant, denial, restriction or termination of clinical privileges at a health care facility. “Peer review body” also includes utilization review and peer review organizations.

(2) As used in subsection (3) of this section, “data” means all oral communications or written reports to a peer review body, and all notes or records created by or at the direction of a peer review body, including the communications, reports, notes or records created in the course of an investigation undertaken at the direction of a peer review body.

(3) All data shall be privileged and shall not be admissible in evidence in any judicial, administrative, arbitration or mediation proceeding. This section shall not affect the admissibility in evidence of records dealing with a patient’s care and treatment, other than data or information obtained through service on, or as an agent for, a peer review body.

(4) A person serving on or communicating information to any peer review body or person conducting an investigation described in subsection (1) of this section shall not be examined as to any communication to or from, or the findings of, that peer review body or person.

(5) A person serving on or communicating information to any peer review body or person conducting an investigation described in subsection (1) of this section shall not be subject to an action for civil damages for affirmative actions taken or statements made in good faith.

(6) Subsection (3) of this section shall not apply to proceedings in which a health care practitioner contests the denial, restriction or termination of clinical privileges by a health care facility or the denial, restriction or termination of membership in a professional society or any other health care group. However, any data disclosed in those proceedings shall not be admissible in any other judicial, administrative, arbitration or mediation proceeding. [1963 c.181 §1; 1971 c.412 §1; 1975 c.796 §11; 1977 c.448 §9; 1981 c.806 §1; 1991 c.225 §1; 1995 c.485 §1; 1997 c.791 §6; 1997 c.792 §§29,29a]

Source: Section 41.675 — Inadmissibility of certain data provided to peer review body of health care providers and health care groups , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 43.140 — OR Code / Title 4 / Chapter 43 / Section 43.140
43.140 Judicial orders that create a disputable presumption
Status: in_force

A judicial order, other than a judgment, decree or final order, in an action, suit or proceeding before a court or judge of this state or of the United States creates a disputable presumption concerning the matter directly determined between the same parties, their representatives and their successors in interest by title subsequent to the commencement of the action, suit or proceeding, litigating for the same thing, under the same title and in the same capacity.

Source: Section 43.140 — Judicial orders that create a disputable presumption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors043.­html (accessed May 26, 2025).
ORS § 40.345 — OR Code / Title 4 / Chapter 40 / Section 40.345
40.345 Rule 607. Who may impeach
Status: in_force

The credibility of a witness may be attacked by any party, including the party calling the witness. [1981 c.892 §51]

Source: Section 40.345 — Rule 607. Who may impeach , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.470 — OR Code / Title 4 / Chapter 40 / Section 40.470
40.470 Rule 805. Hearsay within hearsay
Status: in_force

Hearsay included within hearsay is not excluded under ORS 40.455 (Rule 802. Hearsay rule) if each part of the combined statements conforms with an exception set forth in ORS 40.460 (Rule 803. Hearsay exceptions) or 40.465 (Rule 804. Hearsay exceptions when the declarant is unavailable) . [1981 c.892 §66]

Source: Section 40.470 — Rule 805. Hearsay within hearsay , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 43.160 — OR Code / Title 4 / Chapter 43 / Section 43.160
43.160 What determined by former judgment
Status: in_force

That only is determined by a former judgment, decree or order which appears upon its face to have been so determined or which was actually and necessarily included therein or necessary thereto.

Source: Section 43.160 — What determined by former judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors043.­html (accessed May 26, 2025).
ORS § 40.060 — OR Code / Title 4 / Chapter 40 / Section 40.060
40.060 Rule 201(a). Scope
Status: in_force

ORS 40.060 (Rule 201(a). Scope) to 40.085 (Rule 201(g). Instructing the jury) govern judicial notice of adjudicative facts. ORS 40.090 (Rule 202. Law that is judicially noticed) governs judicial notice of law. [1981 c.892 §7]

Source: Section 40.060 — Rule 201(a). Scope , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.172 — OR Code / Title 4 / Chapter 40 / Section 40.172
40.172 Rule 404-1. Pattern, practice or history of abuse
Status: in_force

(1) In any proceeding, any party may introduce evidence establishing a pattern, practice or history of abuse of a person and may introduce expert testimony to assist the fact finder in understanding the significance of such evidence if the evidence:

(a) Is relevant to any material issue in the proceeding; and

(b) Is not inadmissible under any other provision of law including, but not limited to, rules regarding relevance, privilege, hearsay, competency and authentication.

(2) This section may not be construed to limit any evidence that would otherwise be admissible under the Oregon Evidence Code or any other provision of law.

(3) As used in this section, “abuse” has the meaning given that term in ORS 107.705 (Definitions for ORS 107.700 to 107.735) . [1997 c.397 §2]

Note: 40.172 (Rule 404-1. Pattern, practice or history of abuse) 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 40.172 — Rule 404-1. Pattern, practice or history of abuse; expert testimony , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.010 — OR Code / Title 4 / Chapter 41 / Section 41.010
41.010 Judicial evidence
Status: in_force

Judicial evidence is the means, sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact. Proof is the effect of evidence, the establishment of the fact by evidence.

Source: Section 41.010 — Judicial evidence; proof , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.264 — OR Code / Title 4 / Chapter 40 / Section 40.264
40.264 Rule 507-1. Certified advocate-victim privilege
Status: in_force

(1) As used in this section:

(a) “Certified advocate” means a person who:

(A) Has completed at least 40 hours of training in advocacy for victims of domestic violence, sexual assault or stalking, approved by the Attorney General by rule; and

(B) Is an employee or a volunteer of a qualified victim services program.

(b) “Confidential communication” means a written or oral communication that is not intended for further disclosure, except to:

(A) Persons present at the time the communication is made who are present to further the interests of the victim in the course of seeking safety planning, counseling, support or advocacy services;

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

(C) Other persons, in the context of group counseling.

(c) “Qualified victim services program” means:

(A) A nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice, or a program administered by a tribal government, that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or

(B) A sexual assault center, victim advocacy office, women’s center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two- or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant.

(d) “Victim” means a person seeking safety planning, counseling, support or advocacy services related to domestic violence, sexual assault or stalking at a qualified victim services program.

(2) Except as provided in subsection (3) of this section, a victim has a privilege to refuse to disclose and to prevent any other person from disclosing:

(a) Confidential communications made by the victim to a certified advocate in the course of safety planning, counseling, support or advocacy services.

(b) Records that are created or maintained in the course of providing services regarding the victim.

(3) The privilege established by this section does not apply to the disclosure of confidential communications, only to the extent disclosure is necessary for defense, in any civil, criminal or administrative action that is brought against the certified advocate, or against the qualified victim services program, by or on behalf of the victim.

(4) The privilege established in this section is not waived by disclosure of the communications by the certified advocate to another person if the disclosure is reasonably necessary to accomplish the purpose for which the certified advocate is consulted.

(5) This section does not prohibit the disclosure of aggregate, nonpersonally identifying data.

(6) This section applies to civil, criminal and administrative proceedings and to institutional disciplinary proceedings at a two-year or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant. [2015 c.265 §2; 2017 c.256 §1]

Note: 40.264 (Rule 507-1. Certified advocate-victim 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 40.264 — Rule 507-1. Certified advocate-victim privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.505 — OR Code / Title 4 / Chapter 40 / Section 40.505
40.505 Rule 901. Requirement of authentication or identification
Status: in_force

(1) The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.

(2) By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of subsection (1) of this section:

(a) Testimony by a witness with knowledge that a matter is what it is claimed to be.

(b) Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.

(c) Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.

(d) Appearance, contents, substance, internal patterns or other distinctive characteristics, taken in conjunction with circumstances.

(e) Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.

(f) Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if:

(A) In the case of a person, circumstances, including self-identification, show the person answering to be the one called; or

(B) In the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.

(g) Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.

(h) Evidence that a document or data compilation, in any form:

(A) Is in such condition as to create no suspicion concerning its authenticity;

(B) Was in a place where it, if authentic, would likely be; and

(C) Has been in existence 20 years or more at the time it is offered.

(i) Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.

(j) Any method of authentication or identification otherwise provided by law or by other rules prescribed by the Supreme Court. [1981 c.892 §68]

Source: Section 40.505 — Rule 901. Requirement of authentication or identification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.285 — OR Code / Title 4 / Chapter 40 / Section 40.285
40.285 Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege
Status: in_force

Evidence of a statement or other disclosure of privileged matter is not admissible against the holder of the privilege if the disclosure was:

(1) Compelled erroneously; or

(2) Made without opportunity to claim the privilege. [1981 c.892 §40]

Source: Section 40.285 — Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.370 — OR Code / Title 4 / Chapter 40 / Section 40.370
40.370 Rule 611. Mode and order of interrogation and presentation
Status: in_force

(1) The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to make the interrogation and presentation effective for the ascertainment of the truth, avoid needless consumption of time and protect witnesses from harassment or undue embarrassment.

(2) Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.

(3) Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness’ testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. [1981 c.892 §54b]

Source: Section 40.370 — Rule 611. Mode and order of interrogation and presentation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.310 — OR Code / Title 4 / Chapter 40 / Section 40.310
40.310 Rule 601. General rule of competency
Status: in_force

Except as provided in ORS 40.310 (Rule 601. General rule of competency) to 40.335 (Rule 606. Competency of juror as witness) , any person who, having organs of sense can perceive, and perceiving can make known the perception to others, may be a witness. [1981 c.892 §43]

Source: Section 40.310 — Rule 601. General rule of competency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.450 — OR Code / Title 4 / Chapter 40 / Section 40.450
40.450 Rule 801. Definitions for ORS 40.450 to 40.475
Status: in_force

As used 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) , unless the context requires otherwise:

(1) A “statement” is:

(a) An oral or written assertion; or

(b) Nonverbal conduct of a person, if intended as an assertion.

(2) A “declarant” is a person who makes a statement.

(3) “Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

(4) A statement is not hearsay if:

(a) The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement:

(A) Is inconsistent with the testimony of the witness and was given under oath subject to the penalty of perjury at a trial, hearing or other proceeding, or in a deposition;

(B) Is consistent with the testimony of the witness and is offered to rebut an inconsistent statement or an express or implied charge against the witness of recent fabrication or improper influence or motive;

(C) Is one of identification of a person made after perceiving the person; or

(D) Purports to interpret an otherwise admissible statement made by another person from one language into another.

(b) The statement is offered against a party and is:

(A) That party’s own statement, in either an individual or a representative capacity;

(B) A statement of which the party has manifested the party’s adoption or belief in its truth;

(C) A statement by a person authorized by the party to make a statement concerning the subject;

(D) A statement by the party’s agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship; or

(E) A statement by a coconspirator of a party during the course and in furtherance of the conspiracy.

(c) The statement is made in a deposition taken in the same proceeding pursuant to ORCP 39 I. [1981 c.892 §62; 1987 c.275 §3; 2019 c.306 §1]

Source: Section 40.450 — Rule 801. Definitions for ORS 40.450 to 40.475 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 41.415 — OR Code / Title 4 / Chapter 41 / Section 41.415
41.415 Photograph of victim in prosecution for criminal homicide
Status: in_force

In a prosecution for any criminal homicide, a photograph of the victim while alive shall be admissible evidence when offered by the district attorney to show the general appearance and condition of the victim while alive. [1987 c.2 §8]

Source: Section 41.415 — Photograph of victim in prosecution for criminal homicide , https://www.­oregonlegislature.­gov/bills_laws/ors/ors041.­html (accessed May 26, 2025).
ORS § 40.365 — OR Code / Title 4 / Chapter 40 / Section 40.365
40.365 Rule 610. Religious beliefs or opinions
Status: in_force

Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the credibility of the witness is impaired or enhanced. [1981 c.892 §54a]

Source: Section 40.365 — Rule 610. Religious beliefs or opinions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 45.292 — OR Code / Title 4 / Chapter 45 / Section 45.292
45.292 Certification required for use of title or designation “certified court interpreter” or “court certified interpreter.”
Status: in_force

(1) Except as provided in this section, a person may not assume or use the title or designation “certified court interpreter” or “court certified interpreter,” or any other title, designation, words, letters, abbreviation, sign or device tending to indicate that the person is certified for the purposes of providing interpreter services under ORS 45.272 (Definitions for ORS 45.272 to 45.297) to 45.297 (Authority to enter into service contracts) .

(2) Subsection (1) of this section does not apply to any person who:

(a) Is certified under the program established under ORS 45.291 (Certification program) ;

(b) Is certified as an interpreter by the federal courts; or

(c) Is certified as an interpreter in another state that has a certification program that is equivalent to the program established under ORS 45.291 (Certification program) . [1999 c.1041 §8]

Source: Section 45.292 — Certification required for use of title or designation “certified court interpreter” or “court certified interpreter.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors045.­html (accessed May 26, 2025).
ORS § 42.141 — OR Code / Title 4 / Chapter 42 / Section 42.141
42.141 Writing executed or acknowledged in electronic presence of witness
Status: in_force

(1) As used in this section:

(a) “Electronic presence” means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location.

(b) “Law” means statutes, administrative rules and any other form of regulation imposed by this state or a political subdivision of this state.

(2) A witness is in the presence of a person for purposes of witnessing the execution or acknowledgment of a writing if the witness is in the physical presence or the electronic presence of the person.

(3) A writing that a person executes or acknowledges in the electronic presence of a witness is validly witnessed if, in addition to any other execution formalities required by law, all of the following requirements are met:

(a) The witness has satisfactory evidence of the identity of the person.

(b) While in the electronic presence of the witness, the person executes or acknowledges the writing and delivers or causes to be delivered by facsimile or electronic mail to the witness a copy of the executed signature page.

(c) While in the electronic presence of the person, the witness:

(A) Is located inside the boundaries of the United States;

(B) Attests to the execution or acknowledgment of the writing by signing the transmitted copy of the signature page; and

(C) Delivers or causes to be delivered by facsimile or electronic mail to the person the copy of the executed signature page, signed by the witness.

(d) The person signing the writing completes a declaration of electronic presence under penalty of perjury.

(e) The witness completes a declaration of remote attestation under penalty of perjury.

(4) A witness has satisfactory evidence of a person’s identity for the purposes of subsection (3)(a) of this section if the person is personally known to the witness or if the witness can identify the person by means of one of the following forms of identification, presented by the person to the witness while the person is in the electronic presence of the witness:

(a) A United States passport or an officially recognized passport of a foreign country, or a driver license or identification card issued under ORS 807.400 (Issuance) or a comparable provision in another state, that is current or that expired not more than three years before the date the person executes or acknowledges the writing; or

(b) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired no more than three years before the date the person executes or acknowledges the writing.

(5) Intentionally left blank —Ed.

(a) The declarations under subsection (3)(d) and (e) of this section may be completed contemporaneously with the execution or acknowledgment of the writing or at any time thereafter.

(b) The declaration of electronic presence under subsection (3)(d) of this section must be substantially in the following form:

• “Electronic presence” means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location.

I, ________________, signed the foregoing ________ (title of document) at ________ (city), ____ (state), on ________ (date) and in the electronic presence of ________________ (witness name), whom I requested to become attesting witness.

I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is subject to penalty for perjury.

________________

Signature

(print name, address, telephone number and e-mail address)

(c) The declaration of remote attestation under subsection (3)(e) of this section must be substantially in the following form:

• “Electronic presence” means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location.

I, __________ (witness name), was electronically present on _____ (date) when _______ (signer name) in my electronic presence signed the attached signature page to ________ (title of document) and, at the request of the foregoing signer, I signed my name as witness at the foregoing date.

I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is subject to penalty for perjury.

________________

Witness signature

(print name, address, telephone number and e-mail address)

(6) A writing witnessed in compliance with subsection (3) of this section may be executed, acknowledged or witnessed in counterparts, which together shall be considered a single writing.

(7) Intentionally left blank —Ed.

(a) Subsection (3) of this section applies to the witnessing of any writing that is required by law to be executed or acknowledged in the presence of a witness.

(b) Notwithstanding paragraph (a) of this subsection, this section does not apply to:

(A) A notarial act performed by a notarial officer, as those terms are defined in ORS 194.215 (Definitions) ;

(B) The witnessing of the execution of a will under ORS 112.232 (Uniform International Wills Act) or 112.235 (Execution of a will) ; or

(C) The witnessing of signatures by the circulator of a petition pursuant to ORS chapter 198, 221, 248, 249, 250, 255, 261 or 545.

(8) Nothing in this section is intended to affect provisions of law regarding the execution of wills, including the application of ORS 112.238 (Exception to will execution formalities) to writings not executed in compliance with ORS 112.235 (Execution of a will) . [2021 c.273 §1]

Source: Section 42.141 — Writing executed or acknowledged in electronic presence of witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 42.110 — OR Code / Title 4 / Chapter 42 / Section 42.110
42.110 Seal defined
Status: in_force

A seal is a particular sign made to attest in the most formal manner the execution of an instrument.

Source: Section 42.110 — Seal defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html (accessed May 26, 2025).
ORS § 40.420 — OR Code / Title 4 / Chapter 40 / Section 40.420
40.420 Rule 704. Opinion on ultimate issue
Status: in_force

Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact. [1981 c.892 §60]

Source: Section 40.420 — Rule 704. Opinion on ultimate issue , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.035 — OR Code / Title 4 / Chapter 40 / Section 40.035
40.035 Rule 105. Limited admissibility
Status: in_force

When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. [1981 c.892 §6]

Source: Section 40.035 — Rule 105. Limited admissibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 40.211 — OR Code / Title 4 / Chapter 40 / Section 40.211
40.211 Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct
Status: in_force

(1) Unless the alleged victim has placed the evidence in controversy and the court determines that the probative value of the evidence substantially outweighs the danger of harm to any victim and of unfair prejudice to any party, the following evidence is not admissible in a civil proceeding involving alleged sexual misconduct:

(a) Evidence offered to prove that an alleged victim engaged in other sexual behavior; or

(b) Evidence offered to prove an alleged victim’s sexual predisposition.

(2) If a party intends to offer evidence under subsection (1) of this section, the party must:

(a) Make a written motion at least 15 days before the date on which the proceeding in which the evidence is to be offered is scheduled to begin unless the court, for good cause, sets a different time;

(b) In the motion, specifically describe the evidence and state the purpose for which it is to be offered;

(c) Serve the motion on all parties; and

(d) Notify the alleged victim or the alleged victim’s representative.

(3) Before admitting evidence under this section, the court must conduct an in camera hearing and give the alleged victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials and the record of the hearing are confidential. A party making a motion under this section shall state in the caption that the motion is confidential.

(4) As used in this section, “in camera” means out of the presence of the public and the jury. [2017 c.321 §2]

Source: Section 40.211 — Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).
ORS § 44.540 — OR Code / Title 4 / Chapter 44 / Section 44.540
44.540 Effect of informant as witness
Status: in_force

If the informant offers the informant as a witness, it is deemed a consent to the examination also of a person described in ORS 44.520 (Limitation on compellable testimony from media persons) on the same subject. [1973 c.22 §6]

Source: Section 44.540 — Effect of informant as witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors044.­html (accessed May 26, 2025).