ORS Chapter 40
TITLE 4
EVIDENCE ANDWITNESSES
Chapter 40. EvidenceCode
41. EvidenceGenerally
42. Execution,Formalities and Interpretation of Writings
43. PublicWritings
44. Witnesses
45. TestimonyGenerally
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Chapter 40 — EvidenceCode
2009 EDITION
EVIDENCECODE
EVIDENCEAND WITNESSES
GENERALPROVISIONS
40.010 Rule100. Short title
40.015 Rule101. Applicability of Oregon Evidence Code
40.020 Rule102. Purpose and construction
40.025 Rule103. Rulings on evidence
40.030 Rule104. Preliminary questions
40.035 Rule105. Limited admissibility
40.040 Rule106. When part of transaction proved, whole admissible
JUDICIALNOTICE
40.060 Rule201(a). Scope
40.065 Rule201(b). Kinds of facts
40.070 Rules201(c) and 201(d). When mandatory or discretionary
40.075 Rule201(e). Opportunity to be heard
40.080 Rule201(f). Time of taking notice
40.085 Rule201(g). Instructing the jury
40.090 Rule202. Law that is judicially noticed
BURDENOF PERSUASION; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS
40.105 Rule305. Allocation of the burden of persuasion
40.110 Rule306. Instructions on the burden of persuasion
40.115 Rule307. Allocation of the burden of producing evidence
40.120 Rule308. Presumptions in civil proceedings
40.125 Rule309. Presumptions in criminal proceedings
40.130 Rule310. Conflicting presumptions
40.135 Rule311. Presumptions
RELEVANCY
40.150 Rule401. Definition of “relevant evidence”
40.155 Rule402. Relevant evidence generally admissible
40.160 Rule403. Exclusion of relevant evidence on grounds of prejudice, confusion or unduedelay
40.170 Rule404. Character evidence; evidence of other crimes, wrongs or acts
40.172 Rule404-1. Pattern, practice or history of abuse; expert testimony
40.175 Rule405. Methods of proving character
40.180 Rule406. Habit; routine practice
40.185 Rule407. Subsequent remedial measures
40.190 Rule408. Compromise and offers to compromise
40.195 Rule409. Payment of medical and similar expenses
40.200 Rule410. Withdrawn plea or statement not admissible
40.205 Rule411. Liability insurance
40.210 Rule412. Sex offense cases; relevance of victim’s past behavior or manner of dress
PRIVILEGES
40.225 Rule503. Lawyer-client privilege
40.230 Rule504. Psychotherapist-patient privilege
40.235 Rule504-1. Physician-patient privilege
40.240 Rule504-2. Nurse-patient privilege
40.245 Rule504-3. School employee-student privilege
40.250 Rule504-4. Regulated social worker-client privilege
40.252 Rule504-5. Communications revealing intent to commit certain crimes
40.255 Rule505. Husband-wife privilege
40.260 Rule506. Member of clergy-penitent privilege
40.262 Rule507. Counselor-client privilege
40.265 Rule508a. Stenographer-employer privilege
40.270 Rule509. Public officer privilege
40.272 Rule509-1. Sign language interpreter privilege
40.273 Rule509-2. Non-English-speaking person-interpreter privilege
40.275 Rule510. Identity of informer
40.280 Rule511. Waiver of privilege by voluntary disclosure
40.285 Rule512. Privileged matter disclosed under compulsion or without opportunity toclaim privilege
40.290 Rule513. Comment upon or inference from claim of privilege
40.295 Rule514. Effect on existing privileges
WITNESSES
40.310 Rule601. General rule of competency
40.315 Rule602. Lack of personal knowledge
40.320 Rule603. Oath or affirmation
40.325 Rule604. Interpreters
40.330 Rule605. Competency of judge as witness
40.335 Rule606. Competency of juror as witness
40.345 Rule607. Who may impeach
40.350 Rule608. Evidence of character and conduct of witness
40.355 Rule609. Impeachment by evidence of conviction of crime; exceptions
40.360 Rule609-1. Impeachment for bias or interest
40.365 Rule610. Religious beliefs or opinions
40.370 Rule611. Mode and order of interrogation and presentation
40.375 Rule612. Writing used to refresh memory
40.380 Rule613. Prior statements of witnesses
40.385 Rule615. Exclusion of witnesses
OPINIONSAND EXPERT TESTIMONY
40.405 Rule701. Opinion testimony by lay witnesses
40.410 Rule702. Testimony by experts
40.415 Rule703. Bases of opinion testimony by experts
40.420 Rule704. Opinion on ultimate issue
40.425 Rule705. Disclosure of fact or data underlying expert opinion
40.430 Rule706. Impeachment of expert witness by learned treatise
HEARSAY
40.450 Rule801. Definitions for ORS 40.450 to 40.475
40.455 Rule802. Hearsay rule
40.460 Rule803. Hearsay exceptions; availability of declarant immaterial
40.465 Rule804. Hearsay exceptions when the declarant is unavailable
40.470 Rule805. Hearsay within hearsay
40.475 Rule806. Attacking and supporting credibility of declarant
AUTHENTICATIONAND IDENTIFICATION
40.505 Rule901. Requirement of authentication or identification
40.510 Rule902. Self-authentication
40.515 Rule903. Subscribing witness’ testimony unnecessary
CONTENTSOF WRITINGS, RECORDINGS AND PHOTOGRAPHS