Title 4, Evidence and Witnesses

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.

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.

(1) Usage shall be proved by the testimony of at least two witnesses. (2) Evidence may be given of usage to explain the true character of an act, contract or instrument when such true character is not otherwise plain, but usage is never admissible except as a means of interpretat…

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]

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

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

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]

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.

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

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

(1) In the following cases the agreement is void unless it, or some note or memorandum thereof, expressing the consideration, is in writing and subscribed by the party to be charged, or by the lawfully authorized agent of the party; evidence, therefore, of the agreement shall not…

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 …

(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…

(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 medic…

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 …

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 …

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 occu…

Evidence of the contents of any wire or oral communication intercepted: (1) In violation of ORS 165.540 shall not be admissible in any court of this state, except as evidence of unlawful interception or when the evidence was created by the use of a video camera worn upon a law en…

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 admis…

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] Note: ORCP 55 was repealed and replaced by the Council on Court Procedures Amendments promulgated on December 8, 2018, and effective January 1, 2020. The text of…