ORS
40.565¹
Rule 1004. Admissibility of other evidence of contents
The original is not required, and other evidence of the contents of a writing, recording or photograph is admissible when:
(1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;
(2) An original cannot be obtained by any available judicial process or procedure;
(3) At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or
(4) The writing, recording or photograph is not closely related to a controlling issue. [1981 c.892 §74]
1 Legislative Counsel Committee, CHAPTER 40—Evidence Code, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html (2019) (last accessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Statutes, Cumulative Supplement - 2019, Chapter 40, https://www.oregonlegislature.gov/bills_laws/ors/ano040.html (2019) (last accessed May 16, 2020).
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. Currency Information
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. Currency Information