Chapter 40 Evidence Code

General Provisions

§ 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
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Judicial Notice

§ 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
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Burden of Persuasion; Burden of Producing Evidence; Presumptions

§ 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
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Relevancy

§ 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
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Privileges

§ 40.225 Rule 503. Lawyer-client privilege
§ 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
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Witnesses

§ 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
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Opinions and Expert Testimony

§ 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

Hearsay

§ 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

Authentication and Identification

§ 40.505 Rule 901. Requirement of authentication or identification
§ 40.510 Rule 902. Self-authentication
§ 40.515 Rule 903. Subscribing witness testimony unnecessary

Contents of Writings, Recordings and Photographs

§ 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
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Source:
Legislative Counsel Committee, CHAPTER 40—Evidence Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors040.­html (2015) (last ac­cessed Jul. 16, 2016).