reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.320 - Participation of creditors and other interested persons in receivership; effect of receivership on nonparties.

(1) Any interested person may appear in a receivership, either in person or by an attorney. Before appearing in the receivership, an interested person who is not party to the receivership must file with the court a written notice of appearance, including the name and mailing address of the interested person, and the name and address of the person’s attorney, if any, and serve a copy of the notice upon the receiver. A creditor or other interested person may be heard with respect to all matters affecting the person, whether or not the person is joined as a party to the receivership.
(2) Persons who receive notice of the pendency of a receivership, whether actual or constructive, and creditors or other persons submitting written claims in the receivership or otherwise appearing and participating in the receivership, are bound by the acts of the receiver with respect to management and disposition of estate property, regardless of whether they are formally joined as parties to the receivership.
(3) Any person having a claim against or interest in estate property and having actual or constructive knowledge of the receivership is bound by acts of the receiver or orders of the court with respect to the treatment of claims and disposition of estate property, including sales of property free and clear of liens, regardless of whether the person receives written notice from the receiver and regardless of whether the person appears in the receivership.
(4) A person duly notified by the receiver of a proposed act by the receiver is bound with respect to the act, regardless of whether the person objected to the act or is joined formally as a party in the receivership.
(5) As used in this section, "bound" means barred from bringing a motion or proceeding to contest an act or order, either within or outside of the receivership. [2017 c.358 §32]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.330 - Initial notice to creditors and other interested persons.

(1) A receiver shall, within 30 days after the receiver’s appointment, provide notice of the receivership to all known creditors of the owner and any other known interested persons that includes:
(a) The date of appointment of the receiver;
(b) The name of the court and the case number of the receivership;
(c) The deadline for the submission of claims by creditors, if known;
(d) The name and address of the owner;
(e) The name and address of the receiver and receiver’s attorney, if any;
(f) A procedure for notifying the receiver if the recipient is represented by an attorney;
(g) A procedure for being placed on the special notice list; and
(h) A statement that the person may not receive notice of all further proceedings in the receivership unless the person requests to be placed on the special notice list.
(2) The notice required under this section must be given by first class mail or by such other methods as the court may approve or require.
(3) In addition to the methods described in subsection (2) of this section, the notice required under this section must be published at least once per week for two consecutive weeks in a newspaper of general circulation in all counties in which estate property is known to be located. [2017 c.358 §33]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.340 - Claims process.

(1) If a receiver determines that the estate is sufficient to provide distributions to creditors, the receiver shall, upon notice, establish a claims process by sending a written document describing a claims process, including relevant dates and deadlines, to all known creditors of the owner. The receiver may prescribe forms or otherwise specify information required to be included in a claim.
(2) If the receiver determines that the estate is insufficient to provide distributions to creditors, the receiver may give notice that no claims process will take place in the receivership. [2017 c.358 §34]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.350 - Submission of claims by creditors.

(1) Claims may not be submitted until a claims process is established under ORS 37.340.
(2) All claims that arose before the receiver’s appointment, whether contingent, liquidated, unliquidated or disputed, other than claims of creditors with security interests in or other liens against estate property, must be submitted in accordance with this section. Any claim not so submitted is barred from participating in any distribution to creditors.
(3) Claims must be submitted by delivering the claim to the receiver or an agent designated by the receiver within 30 days after the claims process is established, except that a claim arising from the rejection of an executory contract of the owner must be submitted within 30 days after the rejection. Claims by state agencies must be submitted within 180 days after the claims process is established. The court may shorten or extend any time period set forth in this subsection.
(4) Claims must be submitted in a form prescribed by the receiver. If no form is prescribed, claims must be in written form and must:
(a) Include the name and address of the claimant;
(b) Set forth the nature and amount of the claim;
(c) Be executed by the claimant or the claimant’s agent; and
(d) Include any other information required by the receiver.
(5) Claims may not be filed with the court. If a claim is incorrectly filed with the court, the court shall forward the claim to the receiver or an agent designated by the receiver.
(6) A claim executed and submitted in accordance with this section constitutes prima facie evidence of the validity and amount of the claim. [2017 c.358 §35]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.360 - Objection to and allowance of claims.

(1)(a) At any time before the entry of an order approving the receiver’s final report, a receiver may, upon court order and after at least 21 days’ notice, disallow a claim. The notice must set forth the grounds for the disallowance.
(b) At any time before the entry of an order approving the receiver’s final report, any interested person may object to a claim. The objector must mail a copy of the objection, together with a notice of hearing, to the receiver and claimant at least 21 days before the hearing. The court shall hear the objection and enter an order allowing or disallowing the claim.
(2) Upon request of a creditor, the receiver or a person objecting to a creditor’s claim, or upon order of the court, an objection is subject to mediation before adjudication of the objection, under the rules or orders adopted or issued with respect to mediations. However, claims by the state are not subject to mediation unless the state consents to mediation.
(3) Upon motion of the receiver or an interested person, the following claims may be estimated for purpose of allowance under this section under the rules or orders applicable to the estimation of claims under this subsection:
(a) Any contingent or unliquidated claim, the fixing or liquidation of which, as the case may be, would unduly delay the administration of the receivership; or
(b) Any right to payment arising from a right to an equitable remedy for breach of performance.
(4) Claims estimated under subsection (3) of this section are allowed in the estimated amount thereof. [2017 c.358 §36]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.380 - Secured claims against after-acquired property.

Property acquired by the estate or by the owner after the date of appointment of the receiver is subject to an allowed secured claim to the same extent as would be the case in the absence of a receivership. [2017 c.358 §38]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.390 - Ancillary receiverships.

(1) A receiver appointed in any action pending in the courts of this state may, upon court order, apply to any court outside of this state for appointment as receiver with respect to any estate property that is located in any other jurisdiction, if the appointment is necessary to the receiver’s possession, control, management or disposition of property in accordance with orders of the court. The receiver may move the court ex parte for an expedited hearing on a motion for leave to apply for an ancillary receivership.
(2) A receiver appointed in a foreign action, or any party to the foreign action, may move a court of this state for appointment of that same receiver with respect to any property of the foreign receivership that is located in this state. The court shall act on the motion as provided in ORS 37.060 (3). A receiver appointed in an ancillary receivership in this state is subject to the requirements imposed on receivers by statutes of this state, except as expressly exempted by the court. [2017 c.358 §39]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.400 - Removal of receiver.

(1) On motion of the owner, the receiver or any creditor, or on the court’s own motion, the court shall remove a receiver if the receiver resigns or refuses or fails to serve for any reason, or for other good cause.
(2) Upon removal of the receiver, the court shall appoint a successor receiver if the court determines that further administration of the estate is required. Upon appointment, the successor receiver immediately takes possession of the estate and assumes the duties of receiver.
(3) If the court is satisfied that a replaced receiver has fully accounted for and turned over to the successor receiver all of the property of the estate and has filed a report of all receipts and disbursements during the person’s tenure as receiver, the court shall, after notice to all persons on the special notice list and hearing, enter an order discharging the replaced receiver from all further duties and responsibilities as receiver. [2017 c.358 §40]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 037 - Receivership › Section 37.410 - Termination of receivership.

(1) Upon distribution or disposition of all property of the estate or the completion of the receiver’s duties with respect to estate property, or for other good cause, the receiver shall move the court for an order discharging the receiver.
(2) The receiver shall attach to the motion for discharge a final report and accounting setting forth:
(a) A list of estate property received during the receivership;
(b) A list of disbursements, including payments to professionals engaged by the receiver;
(c) A list of dispositions of estate property;
(d) A list of distributions made or proposed to be made from the estate for creditor claims;
(e) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and
(f) Any other information required by the court.
(3) If the court approves the final report and accounting, the court shall discharge the receiver. The court may issue an order exonerating the receiver’s bond or alternative security.
(4) The receiver’s discharge:
(a) Releases the receiver from any further duties and responsibilities under the Oregon Receivership Code; and
(b) Releases the receiver and any persons acting on behalf of the receiver from all further liability in connection with the administration of estate property or the receivership.
(5) Upon motion of any interested person, or upon the court’s own motion, the court may discharge the receiver and terminate the court’s administration of the property over which the receiver was appointed.
(6) Upon termination of the receivership under any circumstances, if the court determines that the appointment of the receiver was wrongfully procured or procured in bad faith, the court may assess against the person who procured the receiver’s appointment all of the receiver’s fees and other costs of the receivership, and any other sanctions the court deems appropriate. [2017 c.358 §41]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.020 - Rule 102. Purpose and construction.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.025 - Rule 103. Rulings on evidence.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.030 - Rule 104. Preliminary questions.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.035 - Rule 105. Limited admissibility.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.040 - Rule 106. When part of transaction proved, whole admissible.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.065 - Rule 201(b). Kinds of facts.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.070 - Rules 201(c) and 201(d). When mandatory or discretionary.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.075 - Rule 201(e). Opportunity to be heard.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.085 - Rule 201(g). Instructing the jury.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.090 - Rule 202. Law that is judicially noticed.

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. [1981 c.892 §13; 2007 c.63 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.105 - Rule 305. Allocation of the burden of persuasion.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.115 - Rule 307. Allocation of the burden of producing evidence.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.120 - Rule 308. Presumptions in civil proceedings.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.125 - Rule 309. Presumptions in criminal proceedings.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.130 - Rule 310. Conflicting presumptions.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.135 - Rule 311. Presumptions.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.150 - Rule 401. Definition of "relevant evidence."

"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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.155 - Rule 402. Relevant evidence generally admissible.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.160 - Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.170 - Rule 404. Character evidence; evidence of other crimes, wrongs or acts.

(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 to 40.355; 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, 40.185, 40.190, 40.195, 40.200, 40.205, 40.210 and, to the extent required by the United States Constitution or the Oregon Constitution, ORS 40.160;
(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.172 - Rule 404-1. Pattern, practice or history of abuse; expert testimony.

(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. [1997 c.397 §2]
Note:
40.172 was added to and made a part of 40.010 to 40.585 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.175 - Rule 405. Methods of proving character.

(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)(a) In cases in which character or a trait of character of a person is admissible under ORS 40.170 (1), proof may also be made of specific instances of the conduct of the person.
(b) When evidence is admissible under ORS 40.170 (3) or (4), proof may be made of specific instances of the conduct of the person. [1981 c.892 §25; 1997 c.313 §34]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.180 - Rule 406. Habit; routine practice.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.185 - Rule 407. Subsequent remedial measures.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.190 - Rule 408. Compromise and offers to compromise.

(1)(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)(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.195 - Rule 409. Payment of medical and similar expenses.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.200 - Rule 410. Withdrawn plea or statement not admissible.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.205 - Rule 411. Liability insurance.

(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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.211 - Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct.

(1) Unless the alleged victim has placed the evidence in controversy and the court determines that the probative value of the evidence substantially outweighs the danger of harm to any victim and of unfair prejudice to any party, the following evidence is not admissible in a civil proceeding involving alleged sexual misconduct:
(a) Evidence offered to prove that an alleged victim engaged in other sexual behavior; or
(b) Evidence offered to prove an alleged victim’s sexual predisposition.
(2) If a party intends to offer evidence under subsection (1) of this section, the party must:
(a) Make a written motion at least 15 days before the date on which the proceeding in which the evidence is to be offered is scheduled to begin unless the court, for good cause, sets a different time;
(b) In the motion, specifically describe the evidence and state the purpose for which it is to be offered;
(c) Serve the motion on all parties; and
(d) Notify the alleged victim or the alleged victim’s representative.
(3) Before admitting evidence under this section, the court must conduct an in camera hearing and give the alleged victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials and the record of the hearing are confidential. A party making a motion under this section shall state in the caption that the motion is confidential.
(4) As used in this section, "in camera" means out of the presence of the public and the jury. [2017 c.321 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.215 - Rule 413. Measures and assessments intended to minimize impact of or plan for natural disaster.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.227 - Rule 503-1. Right of client to communicate with law practitioner; inadmissibility of evidence obtained or disclosed without client’s consent.

(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.
(2) A client has a right to privately communicate with the client’s law practitioner and representatives of the law practitioner.
(3)(a) Any evidence derived from a confidential communication that is privileged under ORS 40.225, 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 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.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.235 - Rule 504-1. Physician-patient privilege.

(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)(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, 426.074, 426.075, 426.095, 426.120 or 426.307. 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.240 - Rule 504-2. Nurse-patient privilege.

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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.245 - Rule 504-3. School employee-student privilege.

(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, 342.177 and 342.180.
(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, 342.177 and 342.180. 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.250 - Rule 504-4. Regulated social worker-client privilege.

A regulated social worker under ORS 675.510 to 675.600 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.252 - Rule 504-5. Communications revealing intent to commit certain crimes.

(1) In addition to any other limitations on privilege that may be imposed by law, there is no privilege under ORS 40.225, 40.230, 40.250, 40.264 or 40.274 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;
(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 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 040 - Evidence Code › Section 40.255 - Rule 505. Spousal privilege.

(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]