2015 ORS 40.015¹
Rule 101. Applicability of Oregon Evidence Code

(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 (Appeals to tax court to be heard by magistrate division);

(b) The small claims department of a circuit court as provided by ORS 46.415 (Circuit judges to sit in department); and

(c) The small claims department of a justice court as provided by ORS 55.080 (Formal pleadings unnecessary).

(2) The Oregon Evidence Code applies generally to civil actions, suits and proceedings, criminal actions and proceedings and to contempt proceedings except those in which the court may act summarily.

(3) ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) relating to privileges apply at all stages of all actions, suits and proceedings.

(4) ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) do not apply in the following situations:

(a) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under ORS 40.030 (Rule 104. Preliminary questions).

(b) Proceedings before grand juries, except as required by ORS 132.320 (Consideration of evidence).

(c) Proceedings for extradition, except as required by ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agents expenses).

(d) Sentencing proceedings, except proceedings under ORS 138.012 (Sentence of death) and 163.150 (Sentencing for aggravated murder), as required by ORS 137.090 (Considerations in determining aggravation or mitigation) or proceedings under ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof).

(e) Proceedings to revoke probation, except as required by ORS 137.090 (Considerations in determining aggravation or mitigation).

(f) Proceedings conducted in a reentry court under section 29, chapter 649, Oregon Laws 2013.

(g) Issuance of warrants of arrest, bench warrants or search warrants.

(h) Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173 (Oregon Evidence Code to apply in preliminary hearings).

(i) Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (Disposition required) (2) and 419C.400 (Conduct of hearings) (4).

(j) Proceedings under ORS 813.210 (Petition), 813.215 (Eligibility for diversion), 813.220 (Matters to be considered by court in determining to allow diversion agreement), 813.230 (Diversion agreement), 813.250 (Motion to dismiss charge on completion of diversion) and 813.255 (Termination of diversion) to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

(k) Proceedings under ORS 147.530 (Hearing on claim, response or motion) relating to victims rights, except for the provisions of ORS 40.105 (Rule 305. Allocation of the burden of persuasion) and 40.115 (Rule 307. Allocation of the burden of producing evidence). [1981 c.892 §2; 1983 c.784 §1; 1985 c.16 §444; 1987 c.441 §10; 1993 c.18 §13; 1993 c.33 §289; 1995 c.531 §1; 1995 c.650 §22; 1995 c.657 §22; 1995 c.658 §35; 1999 c.1055 §11; 2005 c.345 §2; 2005 c.463 §8; 2005 c.463 §13; 2005 c.843 §25; 2007 c.16 §2; 2009 c.178 §23; 2013 c.649 §32]

Note: The amendments to 40.015 (Rule 101. Applicability of Oregon Evidence Code) by section 37, chapter 649, Oregon Laws 2013, become operative July 1, 2023. See section 38, chapter 649, Oregon Laws 2013. The text that is operative on and after July 1, 2023, is set forth for the users convenience.

40.015 (Rule 101. Applicability of Oregon Evidence Code). (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 (Appeals to tax court to be heard by magistrate division);

(b) The small claims department of a circuit court as provided by ORS 46.415 (Circuit judges to sit in department); and

(c) The small claims department of a justice court as provided by ORS 55.080 (Formal pleadings unnecessary).

(2) The Oregon Evidence Code applies generally to civil actions, suits and proceedings, criminal actions and proceedings and to contempt proceedings except those in which the court may act summarily.

(3) ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) relating to privileges apply at all stages of all actions, suits and proceedings.

(4) ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) do not apply in the following situations:

(a) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under ORS 40.030 (Rule 104. Preliminary questions).

(b) Proceedings before grand juries, except as required by ORS 132.320 (Consideration of evidence).

(c) Proceedings for extradition, except as required by ORS 133.743 (Definitions for ORS 133.743 to 133.857) to 133.857 (Payment of agents expenses).

(d) Sentencing proceedings, except proceedings under ORS 138.012 (Sentence of death) and 163.150 (Sentencing for aggravated murder), as required by ORS 137.090 (Considerations in determining aggravation or mitigation) or proceedings under ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof).

(e) Proceedings to revoke probation, except as required by ORS 137.090 (Considerations in determining aggravation or mitigation).

(f) Issuance of warrants of arrest, bench warrants or search warrants.

(g) Proceedings under ORS chapter 135 relating to conditional release, security release, release on personal recognizance, or preliminary hearings, subject to ORS 135.173 (Oregon Evidence Code to apply in preliminary hearings).

(h) Proceedings to determine proper disposition of a child in accordance with ORS 419B.325 (Disposition required) (2) and 419C.400 (Conduct of hearings) (4).

(i) Proceedings under ORS 813.210 (Petition), 813.215 (Eligibility for diversion), 813.220 (Matters to be considered by court in determining to allow diversion agreement), 813.230 (Diversion agreement), 813.250 (Motion to dismiss charge on completion of diversion) and 813.255 (Termination of diversion) to determine whether a driving while under the influence of intoxicants diversion agreement should be allowed or terminated.

(j) Proceedings under ORS 147.530 (Hearing on claim, response or motion) relating to victims rights, except for the provisions of ORS 40.105 (Rule 305. Allocation of the burden of persuasion) and 40.115 (Rule 307. Allocation of the burden of producing evidence).

(Rule 101)

Notes of Decisions

Hearsay rules of OEC do not apply to pretrial hearing on mo­tion to suppress evidence in crim­i­nal case. State v. Wright, 315 Or 124, 843 P2d 436 (1992)

Applicability of Oregon Evidence Code as re­quired by ORS 137.090 (Considerations in determining aggravation or mitigation) in pro­ceed­ings to revoke proba­tion does not make evidence code applicable in adjudicatory phase of revoca­tion pro­ceed­ings. State v. Hammond, 218 Or App 574, 180 P3d 137 (2008)

Law Review Cita­tions

62 OLR 514 (1983)

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)

Where state law completely precludes reliable, ma­te­ri­ally exculpatory evidence, exclusion of that evidence violates Due Process Clauses of United States Constitu­tion. State v. Cazares-Mendez, 233 Or App 310, 227 P3d 172 (2010), affd State v. Cazares-Mendez/Reyes-Sanchez, 350 Or 491, 256 P3d 104 (2011)

Oregon Evidence Code articulates min­i­mum standards of reliability that apply to many types of evidence for admissibility, including eyewitness identifica­tion evidence, and parties must employ code to address admissibility of eyewitness testimony. State v. Lawson/James, 352 Or 724, 291 P3d 673 (2012)

Law Review Cita­tions

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

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.


1 Legislative Counsel Committee, CHAPTER 40—Evidence Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors040.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 40, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano040.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.