Title 4, Evidence and Witnesses

ORS 40.010 to 40.585 and 41.415 shall be known and may be cited as the Oregon Evidence Code. [1981 c.892 §1]

(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; (b) The small claims department of a circuit court as provided by ORS 46.415; and (c) The small claims d…

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…

(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 a…

(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 i…

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]

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…

ORS 40.060 to 40.085 govern judicial notice of adjudicative facts. ORS 40.090 governs judicial notice of law. [1981 c.892 §7]

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 qu…

(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]

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]

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

(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 fa…

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 o…

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]

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]

(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 persu…

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]

(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 t…

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]

(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 w…

“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]

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]

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]

(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 …

(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 materia…

(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…

(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…

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 exclu…

(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 liabilit…

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 liab…

(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…

(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 req…

(1) Notwithstanding any other provision of law, in a prosecution for a crime described in ORS 163.266 (1), 163.355 to 163.427, 163.670 or 167.017, in a prosecution for an attempt to commit one of those crimes or in a proceeding conducted under ORS 163.760 to 163.777, the followin…

(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 civi…

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 de…

(1) As used in this section, unless the context requires otherwise: (a) “Client” means: (A) A person, public officer, corporation, association or other organization or entity, either public or private, who is rendered professional legal services by a law practitioner, or who cons…

(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 represe…

(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 intervie…

(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 intervie…

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…

(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 …

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 ena…

(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…

(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, le…

(1) As used in this section, unless the context requires otherwise: (a) “Confidential communication” means a communication made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication. (b) “Member of the…

A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists under ORS 675.715 shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by …

(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…

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

A public officer shall not be examined as to public records determined to be exempt from disclosure under ORS 192.338, 192.345 and 192.355. [1981 c.892 §37]