Chapter 41 — Chapter 41

ORS 41.615 [1959 c.353 §§1,3 (subsection (2) enacted in lieu of 41.630); 1973 c.231 §1; repealed by 1977 c.358 §1 (41.616 enacted in lieu of 41.615)]

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ORS 41.616 [1977 c.358 §2 (enacted in lieu of 41.615); repealed by 1979 c.284 §199]

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ORS 41.617 [1977 c.358 §3; repealed by 1979 c.284 §199]

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ORS 41.618 [1977 c.358 §4; repealed by 1979 c.284 §199]

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ORS 41.620 [Repealed by 1979 c.284 §199]

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ORS 41.622 [1977 c.744 §2; repealed by 1979 c.284 §199]

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ORS 41.625 [1959 c.349 §1; repealed by 1977 c.240 §1; (41.626 enacted in lieu of 41.625)]

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ORS 41.626 [1977 c.240 §2 (enacted in lieu of 41.625); repealed by 1979 c.284 §199]

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ORS 41.630 [Repealed by 1959 c.353 §2 (subsection (2) of 41.615 enacted in lieu of 41.630)]

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ORS 41.631 [1977 c.240 §4; repealed by 1979 c.284 §199]

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ORS 41.635 [1977 c.240 §3 and 1977 c.358 §5; repealed by 1979 c.284 §199]

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ORS 41.640 [Repealed by 1981 c.892 §98]

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ORS 41.650 [Repealed by 1981 c.892 §98]

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ORS 41.660 Admissibility of objects cognizable by the senses. Whenever an object, cognizable by the senses, has such a relation to the fact in dispute as to afford reasonable grounds of belief respecting it, or to make an item in the sum of the evidence, the object may be exhibited to the jury, or its existence, situation and character may be proved by witnesses. The exhibition of the object to the jury shall be regulated by the sound discretion of the court

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ORS 41.670 [Repealed by 1981 c.892 §98]

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ORS 41.675 Inadmissibility of certain data provided to peer review body of health care providers and health care groups. (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, an emergency medical service provider as defined in ORS 41.685 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

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ORS 41.680 [Repealed by 1981 c.892 §98]

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ORS 41.685 Inadmissibility of certain data relating to emergency medical services system. (1) All data shall be privileged and are not public records as defined in ORS 192.311 and shall not be admissible in evidence in any judicial proceeding except as provided under ORS 676.175. However, nothing in this section affects the admissibility in evidence of a party’s medical records dealing with a party’s medical care

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ORS 41.690 [Repealed by 1981 c.892 §98]

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ORS 41.700 [Repealed by 1981 c.892 §98]

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ORS 41.710 [Repealed by 1981 c.892 §98]

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ORS 41.720 [Repealed by 1981 c.892 §98]

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ORS 41.730 [Repealed by 1981 c.892 §98]

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ORS 41.740 Parol evidence rule. When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except where a mistake or imperfection of the writing is put in issue by the pleadings or where the validity of the agreement is the fact in dispute. However this section does not exclude other evidence of the circumstances under which the agreement was made, or to which it relates, as defined in ORS 42.220, or to explain an ambiguity, intrinsic or extrinsic, or to establish illegality or fraud. The term “agreement” includes deeds and wills as well as contracts between parties

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ORS 41.810 [Repealed by 1981 c.892 §98]

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ORS 41.815 Evidence of compliance with or attempt to comply with ORCP 32 I; when admissible. Attempts to comply with the provisions of ORCP 32 I by a person receiving a demand shall be construed to be an offer to compromise and shall be inadmissible as evidence. Such attempts to comply with a demand shall not be considered an admission of engaging in the act or practice alleged to be unlawful nor of the unlawfulness of that act. Evidence of compliance or attempts to comply with the provisions of ORCP 32 I may be introduced by a defendant for the purpose of establishing good faith or to show compliance with the provisions of ORCP 32 I. [Formerly 13.310; 1981 c.912 §3]

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ORS 41.820 [Repealed by 1981 c.892 §98]

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ORS 41.830 [Repealed by 1981 c.892 §98]

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ORS 41.840 [Repealed by 1981 c.892 §98]

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ORS 41.850 [Repealed by 1981 c.892 §98]

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ORS 41.860 [Repealed by 1981 c.892 §98]

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ORS 41.870 [Repealed by 1981 c.892 §98]

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ORS 41.880 [Repealed by 1981 c.892 §98]

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ORS 41.890 [Repealed by 1981 c.892 §98]

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ORS 41.900 [Repealed by 1981 c.892 §98]

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ORS 41.905 Admissibility in subsequent civil action of procedures in traffic crimes. A plea to a charge of a traffic crime, as defined in ORS 801.545, and any judgment of conviction or acquittal of a person charged with a traffic crime, as defined by ORS 801.545, are not admissible in the trial of a subsequent civil action arising out of the same accident or occurrence to prove or negate the facts upon which such judgment was rendered. [1975 c.542 §1; 1981 c.892 §87; 1999 c.1051 §242; 2007 c.784 §6; 2011 c.597 §30]

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ORS 41.910 Certain intercepted communications inadmissible. Evidence of the contents of any wire or oral communication intercepted

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ORS 41.915 [1973 c.263 §1; repealed by 1979 c.284 §199]

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ORS 41.920 [1973 c.263 §2; repealed by 1979 c.284 §199]

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ORS 41.925 [1973 c.263 §3; repealed by 1979 c.284 §199]

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ORS 41.930 Admissibility of copies of original records. The copy of the records described in ORCP 55 H or ORS 136.447 is admissible in evidence to the same extent as though the original thereof were offered and a custodian of hospital records had been present and testified to the matters stated in the affidavit. The affidavit is admissible as evidence of the matters stated therein. The matters stated therein are presumed to be true. The presumption established by this section is a presumption affecting the burden of producing evidence. [1973 c.263 §4; 1979 c.284 §77; 1995 c.196 §4]

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ORS 41.935 [1973 c.263 §5; repealed by 1979 c.284 §199]

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ORS 41.940 [1973 c.263 §§6,7; repealed by 1979 c.284 §199]

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ORS 41.945 Application of ORS 41.930 and ORCP 55 H. ORS 41.930 and ORCP 55 H apply in any proceedings in which testimony may be compelled. [1973 c.263 §8; 1979 c.284 §78]

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ORS 41.950 [1971 c.331 §1; renumbered 18.500]

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ORS 41.960 [1971 c.331 §2; renumbered 18.520]

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

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ORS 41.980 [1971 c.331 §4; repealed by 1981 c.892 §98]

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