2007 ORS 40.090¹
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 (Definitions for ORS chapters 195, 196 and 197). [1981 c.892 §13; 2007 c.63 §1]

BURDEN OF PERSUASION; BURDEN OF PRODUCING EVIDENCE; PRESUMPTIONS

(Rule 202)

See also annota­tions under ORS 41.410, 41.420, 41.430, 41.440, 41.450, 41.460 and 41.470 in permanent edi­tion.

Notes of Decisions

Govern­mental safety regula­tions adopted under Oregon Safe Employ­ment Act, unlike safety standards or usages of private trades or nongovern­mental entities, are law to be judicially noticed. Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (1985)

Court could not take judicial notice of legislative history of local land-use ordinance. Byrnes v. City of Hillsboro, 104 Or App 95, 798 P2d 1119 (1990)

Chapter 40

Evidence Code

Annota­tions are listed under the heading "Under former similar statute" if they predate the adop­tion of the Evidence Code, which went into effect January 1, 1982.

Chapter 40

(Generally)

Notes of Decisions

General rule is that polygraph evidence is inadmissible in pro­ceed­ing governed by Oregon Evidence Code. State v. Brown, 297 Or 404, 687 P2d 751 (1984)

Party could introduce results of polygraph test taken by spouse for purpose of showing that response of party upon learning polygraph results was reasonable. Fromdahl and Fromdahl, 314 Or 496, 840 P2d 683 (1992)

Law Review Cita­tions

59 OLR 43 (1980); 19 WLR 343 (1983)


1 Legislative Counsel Committee, CHAPTER 40—Evidence Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­040.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 40, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­040ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.