ORS 40.025
Rule 103. Rulings on evidence


(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 appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or

(b)

In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

(2)

The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. It may direct the making of an offer in question and answer form.

(3)

In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.

(4)

Nothing in this rule precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court. [1981 c.892 §4]

Source: Section 40.025 — Rule 103. Rulings on evidence, https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html.

Notes of Decisions

Offer of proof of what would happen in trial was sufficient to permit trial court to rule intelligently on propriety of offered evidence; there was no need for further procedure to preserve assignment of error. State v. Foster, 296 Or 174, 674 P2d 587 (1983)

Treatise was improperly admitted as substantive evidence in medical malpractice case but admission did not prejudice substantial right of defendant because testimony was cumulative of other testimony. Travis v. Unruh, 66 Or App 562, 674 P2d 1192 (1984), Sup Ct review denied

Evidential error is not presumed prejudicial, and party alleging error must show error affected substantial rights. John Henry Company v. MacDonald, 92 Or App 659, 759 P2d 1126 (1988), Sup Ct review denied

Error is harmless only if it is unlikely that it affected verdict and court can say on record verdict would have been same without error. State v. Dillard, 100 Or App 645, 787 P2d 1307 (1990)

Even assuming that testimony in question was inadmissible hearsay, where result of trial would not have been different if trial court had excluded it, no substantial right of plaintiff was affected by admitting testimony and any error does not require reversal. Hager v. American Honda Motor Co., Inc., 101 Or App 640, 792 P2d 459 (1990)

Defendant was not required to make offer of proof to preserve error where offer would give additional information on legal question before court, parties had fully argued merits of issue, offer would not have altered court’s analysis and where evidence sought to be admitted was declared inadmissible as matter of law. State v. Olmstead, 310 Or 455, 800 P2d 277 (1990)

Substantial right of criminal defendant is not affected if there is substantial and convincing evidence of guilt and little likelihood that error affected result. State v. Abercrombie, 108 Or App 447, 816 P2d 656 (1991)

Appellant need not always establish that evidentiary error would produce different result since test is whether erroneously admitted evidence has some likelihood of affecting result. Hass v. Port of Portland, 112 Or App 308, 829 P2d 1008 (1992), Sup Ct review denied

Where pretrial ruling is made on evidentiary issue, failure to pursue discretionary relitigation of issue at trial does not render claim of error on pretrial ruling unpreserved. State v. Cole, 323 Or 30, 912 P2d 907 (1996)

Where record was adequately developed at trial to support affirmance under alternative theory, erroneous concession at trial that alternative theory was inapplicable does not prevent affirmance. State ex rel Juvenile Dept. v. Pfaff, 164 Or App 470, 994 P2d 147 (1999), Sup Ct review denied

40.010
Rule 100. Short title
40.015
Rule 101. Applicability of Oregon Evidence Code
40.020
Rule 102. Purpose and construction
40.025
Rule 103. Rulings on evidence
40.030
Rule 104. Preliminary questions
40.035
Rule 105. Limited admissibility
40.040
Rule 106. When part of transaction proved, whole admissible
40.060
Rule 201(a). Scope
40.065
Rule 201(b). Kinds of facts
40.070
Rules 201(c) and 201(d). When mandatory or discretionary
40.075
Rule 201(e). Opportunity to be heard
40.080
Rule 201(f). Time of taking notice
40.085
Rule 201(g). Instructing the jury
40.090
Rule 202. Law that is judicially noticed
40.105
Rule 305. Allocation of the burden of persuasion
40.110
Rule 306. Instructions on the burden of persuasion
40.115
Rule 307. Allocation of the burden of producing evidence
40.120
Rule 308. Presumptions in civil proceedings
40.125
Rule 309. Presumptions in criminal proceedings
40.130
Rule 310. Conflicting presumptions
40.135
Rule 311. Presumptions
40.150
Rule 401. Definition of “relevant evidence.”
40.155
Rule 402. Relevant evidence generally admissible
40.160
Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay
40.170
Rule 404. Character evidence
40.172
Rule 404-1. Pattern, practice or history of abuse
40.175
Rule 405. Methods of proving character
40.180
Rule 406. Habit
40.185
Rule 407. Subsequent remedial measures
40.190
Rule 408. Compromise and offers to compromise
40.195
Rule 409. Payment of medical and similar expenses
40.200
Rule 410. Withdrawn plea or statement not admissible
40.205
Rule 411. Liability insurance
40.210
Rule 412. Sex offense cases
40.211
Rule 412-1. Evidence not admissible in civil proceeding involving sexual misconduct
40.215
Rule 413. Measures and assessments intended to minimize impact of or plan for natural disaster
40.225
Rule 503. Lawyer-client privilege
40.227
Rule 503-1. Right of client to communicate with lawyer
40.230
Rule 504. Psychotherapist-patient privilege
40.235
Rule 504-1. Physician-patient privilege
40.240
Rule 504-2. Nurse-patient privilege
40.245
Rule 504-3. School employee-student privilege
40.250
Rule 504-4. Regulated social worker-client privilege
40.252
Rule 504-5. Communications revealing intent to commit certain crimes
40.255
Rule 505. Spousal privilege
40.260
Rule 506. Member of clergy-penitent privilege
40.262
Rule 507. Counselor-client privilege
40.264
Rule 507-1. Certified advocate-victim privilege
40.265
Rule 508a. Stenographer-employer privilege
40.270
Rule 509. Public officer privilege
40.272
Rule 509-1. Sign language interpreter privilege
40.273
Rule 509-2. Non-English-speaking person-interpreter privilege
40.274
Rule 509-3. Legislative branch offsite process counselor privilege
40.275
Rule 510. Identity of informer
40.280
Rule 511. Waiver of privilege by voluntary disclosure
40.285
Rule 512. Privileged matter disclosed under compulsion or without opportunity to claim privilege
40.290
Rule 513. Comment upon or inference from claim of privilege
40.295
Rule 514. Effect on existing privileges
40.310
Rule 601. General rule of competency
40.315
Rule 602. Lack of personal knowledge
40.320
Rule 603. Oath or affirmation
40.325
Rule 604. Interpreters
40.330
Rule 605. Competency of judge as witness
40.335
Rule 606. Competency of juror as witness
40.345
Rule 607. Who may impeach
40.350
Rule 608. Evidence of character and conduct of witness
40.355
Rule 609. Impeachment by evidence of conviction of crime
40.360
Rule 609-1. Impeachment for bias or interest
40.365
Rule 610. Religious beliefs or opinions
40.370
Rule 611. Mode and order of interrogation and presentation
40.375
Rule 612. Writing used to refresh memory
40.380
Rule 613. Prior statements of witnesses
40.385
Rule 615. Exclusion of witnesses
40.405
Rule 701. Opinion testimony by lay witnesses
40.410
Rule 702. Testimony by experts
40.415
Rule 703. Bases of opinion testimony by experts
40.420
Rule 704. Opinion on ultimate issue
40.425
Rule 705. Disclosure of fact or data underlying expert opinion
40.430
Rule 706. Impeachment of expert witness by learned treatise
40.450
Rule 801. Definitions for ORS 40.450 to 40.475
40.455
Rule 802. Hearsay rule
40.460
Rule 803. Hearsay exceptions
40.465
Rule 804. Hearsay exceptions when the declarant is unavailable
40.470
Rule 805. Hearsay within hearsay
40.475
Rule 806. Attacking and supporting credibility of declarant
40.505
Rule 901. Requirement of authentication or identification
40.510
Rule 902. Self-authentication
40.515
Rule 903. Subscribing witness’ testimony unnecessary
40.550
Rule 1001. Definitions for ORS 40.550 to 40.585
40.555
Rule 1002. Requirement of original
40.560
Rule 1003. Admissibility of duplicates
40.562
Rule 1003-1. Admissibility of reproduction
40.565
Rule 1004. Admissibility of other evidence of contents
40.570
Rule 1005. Public records
40.575
Rule 1006. Summaries
40.580
Rule 1007. Testimony or written admission of party
40.585
Rule 1008. Functions of court and jury
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