2015 ORS 40.315¹
Rule 602. Lack of personal knowledge

Subject to the provisions of ORS 40.415 (Rule 703. Bases of opinion testimony by experts), a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness. [1981 c.892 §44]

(Rule 602)

See also annota­tions under ORS 44.060 in permanent edi­tion.

Notes of Decisions

Evidence that state may have used coercive or unduly suggestive methods in ques­tioning witness does not provide grounds for court to hold pretrial hearing on reliability of witness' state­ments and testimony. State v. Bumgarner, 219 Or App 617, 184 P3d 1143 (2008), Sup Ct review denied

When defendant raises challenge under this sec­tion, proponent of evidence must offer other evidence that witness had adequate opportunity to per­sonally observe or perceive facts forming testimony sufficient to demonstrate "per­sonal knowledge" in order to dispel concerns that eyewitness testimony can be led or prompted by outside sources. State v. Lawson/James, 352 Or 724, 291 P3d 673 (2012)

Notes of Decisions

Where Oregon law not Washington Deadman's Statute governed admissibility of testimony in interpleader ac­tion brought by insurance company in District of Oregon, testimony of insured's widow and insurance agent was admissible to determine beneficiary. Equitable Life Assur. Soc. of the U.S. v. McKay, 861 F2d 221 (9th Cir. 1988)

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), aff'd 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.